Terms and Conditions
UTI Mutual Fund (UTI MF) is a mutual fund registered with Securities and Exchange Board of India (SEBI) and The UTI Asset Management Company Limited (hereinafter called “UTI AMC”) acts as the Investment Manager for the Schemes of UTI Mutual Fund represented through UTI Trustee Company Pvt. Ltd. In these terms and conditions, UTI AMC may include the Registrar and Transfer Agent engaged for the Schemes of UTI Mutual Fund, as the context may require.
UTIMF has a dedicated website in the name and style of “www.utimf.com” (hereinafter referred to as the "Website"), and mobile application in name ‘UTI MF Mobile Application’ (hereinafter referred to as the “MobileApplication/Application”), which provides information and downloads relating to scheme of UTIMF including the facility of online subscription/ redemptions of units and such other services/ facilities as may be made available from time to time. UTI MF/UTI AMC also offers UTI Chatbot facility (hereinafter referred to as the "Chatbot")" on the Facebook to provide user/investor services including messenger chat with Bot (automated messenger response by Bot AI) in respect of investment and transaction in UTI MF Schemes and any such other ancillary services as may be notified by UTI MF/UTI AMC from time to time. Website/ Application/Chatbot" shall mean the Website/ Mobile Application/ Chatbot of UTIMF/UTI AMC or any other website/ online application which UTIAMC/UTI MF may develop/ announce from time to time.
UTI MF/UTIAMC reserves the right to change, delete, amend or modify or discontinue the Website/Application or any online facility and/or contact number provided on the Website/Application/Chatbot for clarifying any issues of the investors, as may be intimated from time to time. In case of any doubts, Investor may contact at the contact number or may approach nearest UTI Financial Centre (UFC) for clarification.
UTIMF/UTI AMC either directly or through its service provider(s) including the Registrar, KFin Technologies Limited (Formerly known as KFin Technologies Private Limited). (hereinafter referred to as "Service Providers") offers the facility called “” of transacting on-line through Internet and Application for the convenience of its investor/unit holders and to help the unit holders to gain access to their portfolio of investments in UTIMF schemes for administering and managing the same effectively.
The Terms and Conditions set out below, is a binding contract between the user/investor or unit holder/s and UTI MF/UTI AMC for use of various online facilities offered through Website /Chatbot/Mobile Application.
The investor/unit holder (hereinafter called “the User”) hereby confirms that he/ she/they has/have read these Terms and Conditions, Scheme Information Document, Statement of Additional Information, Addenda and Key Information Memorandum (hereinafter referred to as the “Terms and Conditions/Documents”) issued from time to time, carefully and having understood the same, the User agrees to be legally bound by the same. The Terms and Conditions/Documents will be deemed to be accepted and agreed to by the User on any transaction/facility entered by the User using the Website/Chatbot/Mobile Application. If you do not wish to be bound by these Terms and Conditions, you may not access or use the Web site/Chatbot/Application. User agrees to keep himself/herself informed about the Terms &Conditions periodically to be aware of the modifications and User use of the Web site/Chatbot/Application shall be deemed conclusive acceptance of the User for the modifications made in the Terms & Conditions from time to time.
UTIMF / UTI Trustee Company Pvt. Ltd. / UTIAMC shall not be responsible for any wrong input or errors that may be committed by the Users in the Applicationin the course of conducting any Transaction or for error or failure of the transaction over Website/Chatbot/Application due to any network problems.
Installation/Use of the Application/Chatbot:
Please read the Terms and Conditions carefully before transacting on the Website, Chatbot and installation of the Application. The “Facility”, shall mean the software provided by UTI Mutual Fund/UTI AMC to offer such services, as UTI Mutual Fund/UTI AMC may decide from time to time, pertaining to financial and other service transactions relating to UTI Mutual Fund schemes through the Application or Chatbot, to be used on Apple iOS (Apple’s mobile operating system) and Android OS (Android operating system) devices and any upgrades from time to time and any other software or documentation which enables the use of the Application or Chatbot.
Facility:
The Facility/Website/mobile application/Chatbot cannot be used by the following category of persons:
a. by the User who is below 18 years of age; or
b. by Non-KYC complied investors;May not be applicable for prospective customers who may come to the web site .
c. Other than Individual,
d. Using bank account of third party/person i.e. other than the bank account where 1st unitholder/investor is the account holder;
e. To make fresh or additional purchase or switch in schemes like UTI-Unit Linked Insurance Plan.
f. to make any commercial transaction in UTI-CRTS, CCP- Balance Fund and CCP- Advantage Fund (Scholarship Option in both) and close ended scheme as per scheme provisions.
The above two or activities which are prohibited not the persons as the heading specifies . You may like to put the abpve two in a separate bucket .
UTI AMC may extend the facility to other categories of investors such as partnership firm, company, Trust, non-individuals, etc., at its sole discretion, in future.
Details of the User:
The User further agrees &acknowledges that any documents/information including his name, address, contact details and specimen signature may be obtained by UTI MF/UTI AMC directly from the User or from any other source to whom such documents have been submitted by the User (for any other purpose); such source may include (in addition to any other source) any R & T agent, any other Mutual Fund, Depository Participant, SEBI registered entity such as KYC Registration Agency (KRA), Unitholder’s Bank(s) etc. The User authorises UTI MF/UTI AMC to rely on such documents/information including User’s specimen signature obtained from such third party source without counter checking/validating the same with the User and the User shall be deemed to have acknowledged the validity/accuracy of the same. While the specimen signature or such other identity proof would be used by UTI MF/UTI AMC while handling a transaction request from the User other than through the facility, UTI MF/UTI AMC may ask for additional Documents/Information including his specimen signature validated/verified by a third source like his/her default bank, or may call for establishing identity of the investor through in-person verification, etc. The User also authorizes UTI MF/UTI AMC to use signature of the User for any future transactions received offline from the User.
User also aware of and acknowledge the following:
Association of folios will be done based on PAN of 1st holder of primary folio as may be decided by UTI MF/UTI AMC . All folios where PAN of 1st holder of primary folio id in place of 2nd or 3rd holder in other folios will be auto associated to user ID of the primary folio.
In case of folios in name of minors, where PAN of guardian is PAN of primary holder, such folios will be auto-disassociated on minor attainting majority.
The User will have to fill a physical form for generation of the PIN and in case of joint holdings, such form will have to be submitted by all the joint holders separately whereafter the PIN will be sent to the registered address of each of the joint holders separately. The User will not be able to transact on /Website/Chatbot/Application for folios where mode of holding is joint, unless PIN of all the joint holders in entered on /Chatbot/Application.
Certain schemes as decided by UTI AMC may not be available for transactions on all digital the platforms.
Transactions in the folios will be allowed only where bank account particulars are registered under the folio of the User.
Some of the functions such as forgot user id, password, change/update email/mobile, OTP, etc will be available the User only after registration of email/mobile in the folio.
All the transactions/usage of both platforms will be subject to regulatory compliances, as applicable from time to time.
The User understand and acknowledges that UTI MF/UTI AMC shall not be liable to User or any other person in any manner whatsoever for the Chatbot facility being used by the User on Facebook for any chats, discussions, transactions etc. The User by using Chatbot or on any third-party platform like Facebook the User/investor is solely responsible for all the information/ details/data shared by User on any of such platforms.
UTI MF/UTI AMC shall not be responsible or liable in any manner whatsoever for any illegal, anti social, objectionable, unethical, immoral activities or any defamatory activities or misuse of information or Chatbot facility.
Bank account :
The User may register upto 5 (Five) bank accounts under the Folio for receiving payment of redemption/dividend, etc. The User agrees and undertakes to invest from one of registered bank accounts (1st Unitholder/investor’s bank account only). The User may maintain at all times, one or more (upto 5) associated bank account and shall provide details thereof to UTI AMC along with instructions to the respective banks to make payments to UTI MFfor execution of a transaction for purchasing any Units. The User undertakes to comply with the procedure defined by UTI AMC for submission of such documents as may be prescribed by UTI AMC from time to time. In case the units are held under demat form, in such cases, the Bank account details should match with that in the DP account
FATCA& KYC:
The Users hereby declare that the Users have understood all aspects of theFATCA forms/documents and the importance of disclosing all the information required. The Users further acknowledge &declare that the information provided by the User is true to the best of their knowledge and belief, accurate and complete. Users agree to notify UTI Mutual Fund/ UTI AMC immediately in the event of any change in the information and further authorizes UTI MF/UTI AMC to disclose, share, remit in any form, mode or manner, all / any of the information provided by the User, including all changes, update to such information as and when provided by the User to UTI MF/UTI AMC to any Indian or foreign governmental or statutory or judicial authorities / agencies, the tax / revenue authority and other investigation agencies without obligation on advising User of the same.
As per the Securities and Exchange Board of India(SEBI), Regulations, Guidelines Mutual Funds are required to follow enhanced Know Your Customer (KYC) norms. Accordingly, it will be mandatory for all categories of Users to be KYC Compliant, irrespective of the amount of investment, through any of the SEBI registered KYC Registration Agency (KRA). Users have to further ensure that the name as verified in the application form matches with that on the PAN and KYC.
Users may refer to our Website and AMFI website www.amfiindia.com for the KYC Compliance application form. Applications for subscriptions without a valid KYC compliance for the relevant category of Users may be rejected. Provided further, where it is not possible to verify the KYC compliance status of the User at the time of allotment of units, UTI AMC may verify the KYC compliance status of the User within a reasonable time after the allotment of units. In case, during first time purchase the User's KYC verification/ compliance is under process, subsequent purchase/s shall not be permitted till the User is KYC Compliant.
In the event of non-compliance of KYC requirements, UTI MF/UTI AMC reserves the right to freeze the folio of the User(s) for any kind of transactions or affect mandatory redemption of unit holdings of the User at the applicable NAV, subject to payment of exit load, if any. Users should note that on completion of KYC compliance all details of the User in the UTI Mutual Fund/UTI AMC records will be replaced by the details as given in KYC application form by the User to the CVL. Any change in these details like change of name / address /status /signature, etc. should be given by User directly to KRA in the prescribed change request form quoting the KYC acknowledgement number / PAN number. UTI MF/UTI AMC reserves the right to call for any additional information from the Users/applicant/reject applications/subsequent application in order to fulfill the requirements of prevention of money laundering (PMLA) norms prescribed by SEBI/PMLA Act/Rules/Regulations from time to time.
UTI MF/UTI AMC shall issue units to a User only when the User makes payment and it is credited to the account of the UTI MF for the amount of transaction executed by such User. If, however, a payment has not been made UTI MF, UTI AMC shall reverse the units, if allotted/ not issue any units to the User and the Transaction will be treated as cancelled.
Users who have applied for allotment of units in their demat account will be issued units in dematform.Users have to ensure that the sequence of names as mentioned in the application form matches with that of the account held with the depository participant. If the details mentioned in the application are incomplete/ incorrect, not matching with the depository data, then units will be issued in Physical mode and Statement of Account will be issued to the Unit holder or the allotment would be rejected.
In case the User desires to redeem, he/she has to approach his/her depository participant and submit necessary form/s. As an alternative, redemption request can be placed through depository participants & Exchanges specified intermediaries where NSE MFSS/ BSE STAR platform is available for trading of mutual fund units. Redemption proceeds will be sent to the bank account with which the demat account is linked.
User’s obligation:
1. The User of a Facility shall not:-
violate any applicable laws or encourage or provide instructions to another to do so;
defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
post any infringing, obscene, indecent, or unlawful material or information;
misrepresent his/her identity;
collect or store personal information about any other person;
send "spam" messages to any other person or UTI AMC;
upload files that contain viruses, corrupted files, or any other similar software or applications that may damage any other persons computer;
falsify the meta data of the file that is uploaded;
download any file posted by another User;
legally distribute any content from a Facility; or
exit any of the Facility/Website/Chatbot/Application without logging -off at any time when he/she is not using such Facility (email id & mobile no.)
2. The User acknowledges and agrees that
he/she is aware of all security risks including possible third party interception of his/her account and the content of his/her account becoming known to third parties;
understands that the use of any email id, mobile, Facility is not a secure method of viewing, accepting and transmitting information and that it involves security hazards and the risk of any loss of information or obtaining of information or misuse by any third party of his/her account and UTI MF/UTI Trustee Company/UTI AMC shall, in no way, be held responsible for the same and shall not be considered as a breach of obligations including confidentiality obligations;
3. Even though his/her mobile no. is registered under the National Do Not Call Registry (NDNC), he/she explicitly permits UTI AMC to send and he/she would like to receive various communications (for products or otherwise), updates, alerts, notifications &UTI MF/UTI Trustee Company/UTI AMC shall in no way be held responsible for the same
iv. he/she will not use any Facility on an electronic device which belongs to any other person or which is provided to the User by his/her employer, except with such person's or, as the case may be, his/her employer's previous permission. In the event the User does not comply with this provision, UTI MF/UTI AMC shall not be held responsible for any harm or loss caused to any person/User. UTI MF/UTI AMC shall not be held responsible if the electronic device via which the User utilizes a Facility contains software applications, due to which any conflict which may arise resulting into loss of information or any other damage;
4.he/she is solely responsible to ensure that the PIN/secure information is kept confidential and not revealed/disclosed to any third party, including any person claiming to represent UTI AMC and shall take all possible care to prevent discovery of the PIN/TPIN/secure information by any third person. The User shall immediately communicate to UTI AMC in writing on becoming aware of any loss, misuse or wrongful disclosure to any third party of the PIN/secure information. UTI AMC may disable the PIN and in its absolute discretion, issue to the User, a new PIN/secure information on similar terms and conditions or under such terms and conditions as UTI AMC may deem fit;
5. he/she is aware of the fact that PIN/TPIN/secure information is generated randomly at the back-office of UTI AMC or of the Registrar or such authorized entity and shall be changed by the User when accessing a Facility/Website/Chatbot/ Application for the first time;
6. In future, UTI AMC may require him/her to define and maintain electronic (including digital) signatures from such service providers including authentication of the electronic transaction record by "click"/"I Accept"/"Submit" affirmation etc. as UTI AMC may require to authenticate all electronic transactions made through the Website of UTI AMC and he/she shall be responsible for keeping the said electronic signatures confidential and secure and that UTI AMC shall not be held responsible for any misuse of such signatures and any loss or damage arising there from;
7. He/she shall be bound by all the statutory/regulatory provisions, including issued by SEBI, or under the Information Technology Act 2000.. He/she shall be bound by his/her 'signature' that UTI AMC may seek from CVL as part of his additional documents/information for doing any transaction outside the usage of the facility. He/she further agrees that he/she will provide such verification/validation as UTI AMC may desire.
8: In relation to the transactions entered into by the User using a Facility and any additional right or obligation created therein. He/she shall be bound by his declarations and authority provided to CVL while seeking compliance under the KYC procedure including disclosing/sharing/remitting his/her information to the UTI Mutual Fund/UTI AMC.
9. In case of any discrepancy in the details of any transaction executed in respect of the User accounts, the User shall be obliged to intimate such discrepancy to UTI AMC/its Registrar in writing within 10 (ten) days of receipt of the Statement of Account/payment in respect of the his/her Folio failing which, such Statement will deemed to be correct and accepted by the User.
Mode of Holding and OTP/PIN
Folios with mode of holding as anyone and survivors will have to transact with One Time password or PIN, whereas those in joint mode of holding PIN of all the joint holders is required to be used.
Intellectual Property Rights:
All materials, rights in the design, text, graphics, process/procedure, trademarks, copyright, database rights, communication , other intellectual property rights and other material of any nature on any Facility/Website/Chatbot/Application and the selection or arrangement thereof are the copyrights of UTI MF/UTI AMC or other third parties. Permission is granted to the User only to copy and print (to the extent permitted) in hard copy portions of any Facility solely in connection with the Transactions through a Facility. Any other use of the content on the Facility (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without prior written permission of UTI AMC is strictly prohibited.
Third party rights:
The User acknowledges and agrees that the representations and warranties are intended to grant rights to, and operate for the benefit of, all the service providers to the Facility/Website/Chatbot//Application and that each such service provider may rely upon and enforces such representations and warranties against the User.
Disclaimers:
UTIMF, UTI Trustee Company Pvt. Ltd., UTIAMC and / or the service provider shall not be liable for any unauthorized usage of the PIN and the Unit holder/s fully indemnifies and holds UTIMF, UTI Trustee Company Pvt. Ltd., UTIAMC and the service provider harmless against any action, suit, proceedings initiated against them or any loss, cost or damage incurred by them as a result thereof. Further, UTIMF,UTI Trustee Company Pvt. Ltd., UTIAMC and / or the service provider shall not be liable in any manner for any misuse, if any, of any data/document accessed through the call center or any other source by third parties
UTI AMC shall not be liable to the User for any breach of these Terms and Conditions of use or any failure to provide or delay in providing the products or services through the Facility/Website/Chatbot/Application resulting from any event or circumstance beyond reasonable control of UTI AMC including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire, explosion or accident or any other cause.
Without prejudice to any other provisions of these Terms and Conditions, UTIMF, UTI Trustee Company Pvt. Ltd., UTIAMC and / or its service provider shall not be liable for any loss or damage whatsoever caused arising directly or indirectly in connection with the services and/or these Terms and Conditions, including without limitation any:
1. Loss of data;
2. For any error, interruption or stoppage or delay to the unitholder’s access to and/or use of the call center / Website/Chatbot/Mobile Application/. UTIMF UTI Trustee Company Pvt. Ltd., UTIAMC and / or its service provider/s shall also not be responsible for any failure on part of the User/unit holder to utilize the facility or due to the User/Unit Holder not being within the geographical range within which the these facilitiesare offered.
3. UTIAMC or the Registrars, the service provider/s have the absolute discretion to withdraw/amend the services provided, or amend or supplement any of the above terms and conditions at any time without prior notice to the User.
UTI MF/UTI AMC is not responsible or liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Facility/Website/Chatbot/Mobile Application/ and its content, whether based on warranty, contract, tort, or any other remedy, and whether or not, they were advised of the possibility of such damages.
Indemnity:
The User agrees to defend, indemnify, and hold harmless UTI MF/ UTI Trustee Company/UTI AMC, its officers, directors, employees, associates and agents, from and against any claims, actions or demands, including without limitation legal and accounting fees, alleging or resulting from
a. any and all actions, proceedings, claims and demands whatsoever for or on account of or in relation to any use / misuse of the Facility//Website/Chatbot//Application by the User or any third party using the User’s login credentials, and from and against any and all damages, costs, liabilities, charges and expenses in respect thereof;
b. the breach or non compliance of any of the Terms and Conditions;
c. any illegal, unauthorized, fraudulent usage or misuse of PIN/TPIN/secure information;
d. all requests carrying the User's PIN/TPIN/secure information as evidenced by electronic records available at UTI AMC;
Grievance registration:
In case of User grievances in relation to the transactions executed using any of the Facility, the User has an option either to write an email to invest@uti.co.in or call 1-800- 266-1230 (toll free) detailing thegrievance so as to allow UTI AMC to take appropriate action on the same.
Data Protection
Any personal information you supply to UTI Mutual Fund when using the Facility/Website/Chatbot//Application, will be used by UTI Mutual Fund in accordance with its ‘Disclaimer & Terms of Use’ and ‘Data Protection Policy’ mentioned on the website of UTI Mutual Fund viz. http://www.utimf.com.
An existing Investor/folio holder or new investor of a Mutual Fund serviced by UTI MUTUAL FUND , who is a Resident or non-resident Indian Individual and who is KYC (Know Your Client) compliant, having mode of operation / holding of the existing folio as “single” or as “anyone or survivor” and having an email id registered in the folio is authorized to register with UTI Mutual Fund using this facility and to avail the services provided by UTI Mutual Fund through this facility . Depending upon the requirements, UTI Mutual Fund may add / modify the eligibility conditions from time to time at its own discretion.
System Requirements
In order to use the Website/Chatbot/Application, you are required to have a compatible device/mobile telephone or any other compatible device, internet access and the necessary minimum specifications.
Software Requirements
UTI Mutual Fund shall on a best effort basis support the mobile operating systems such as Android and Apple iOS . UTI Mutual Fund does not guarantee full compatibility for each type of mobile phone/device display pertaining to size, pixels and its mobile operating system in current or later versions due to the multitude of operating systems and their different functioning caused by specific features. UTI Mutual Fund shall inform about any such updates to the Application through any communication channel owned by UTI Mutual Fund .
The Application shall be downloaded by the User from mobile store
UTI Mutual Fund/UTI AMC reserves its right to decide the type of services, which a category of User may be offered on each account which may differ from category to category.
UTI Mutual Fund/UTI AMC at its sole discretion may add /delete/modify the services offered to the User through the Facility/Website/Chatbot/Application or the terms and conditions thereof.
The User of Facility/Website/Chatbot//Application grants express irrevocable authority to UTI Mutual Fund/UTI AMC to act upon any instruction given by the User as may be permitted from time to time and until valid termination of the usage by the User. UTI Mutual Fund/UTI Trustee Co./UTI AMC shall have no obligation to verify the authenticity of any transaction(s) received or purporting to have been sent by the User other than by means of verification of the valid login credentials.
The records maintained by UTI Mutual Fund/UTI AMC/its service providers at its end including through computer systems will be deemed as final and conclusive, which will be the binding evidence for all purposes.
In case of folios where mode of holding is “anyone or survivor”, the login details will be sent to the registered email/mobile under the folio only and all transactions arising from the use of UTI Mutual Fund from such folios, shall be binding on all the joint account holders in the folio, and all such holders are deemed to be aware of the entire terms and conditions set forth in this document.
Usage of the Facility/Application shall be in addition to, and not in substitution of, the existing procedures for conducting transactions.
The User hereby declares that they are authorized to make the investment, and the amount invested in the Scheme is through legitimate sources and does not involve and is not designed for the purpose of any contravention or evasion of any Act, rules, regulations, notifications or directions or orders issued by any regulatory authority/Courts/judicial or quasi-judicial authorities.
Payments
The User hereby confirms that the subscription amount shall be debited from the bank account as registered with the UTI MF/UTI AMC and not from any other third party account / fictitious account. UTI AMC may restrict user to invest from his/her registered bank account/s under the folio.
The User hereby understands, acknowledges and confirms that in the event the application for subscription does not comply with the provisions of the Terms and Conditions/Documents, the UTI AMC or Trustees or the Mutual Fund or its Registrar Transfer Agent (RTA) retains the absolute right and discretion to reject and not to process such application, and refund the subscription money without being liable for such rejection.
The User acknowledges that the terms of agreement with respective mobile phone/device network provider will continue to apply when using the Facility/Application. As a result, User may be charged by the mobile phone/device network provider for access to network connection services for the duration of the connection while accessing the Facility/Application or any such third party charges as may arise. The User accepts responsibility for any such charges that arise.
The User accepts that the information provided to the User through UTI Mutual Fund/UTI AMC may not be updated on a real-time basis. Consequently, any information supplied to the User will pertain to the date and time when it was last updated. UTI MF/UTI Trustee Co./UTI AMC shall not be liable for any loss that the User may suffer by relying on or acting on such information.
The User accepts that the use of the Facility/Application shall be subject to the terms and conditions of any applicable agreements between UTI MF, UTI AMC Service Providers and /or the User.
The User understands that the payment for the transaction request shall be through a payment gateway and the UTI MF/UTI Trustee Co./UTI AMC will not be liable for any failures including in the links or for any fraud (either at the payment gateway's end and/or the bank's end) that may take place at the time of making payment or any other time and the User undertakes to inform UTI MF immediately in case the Unit holder’s bank account is debited but corresponding Units are not allotted to the User/Unit holder.
NAV
The transaction instructions given by the User through the Facility/Application will get processed at the applicable NAV based on the cut off time indicated in the SID of the respective schemes of the UTI Mutual Fund. Any transaction request shall be processed by UTI Mutual Fund/UTI AMC only on the basis of the date and time of receipt of the transaction by UTI Mutual Fund/UTI AMC; as evidenced by the date and time of receipt of the transaction as per UTI Mutual Fund/UTI AMC servers and the realization / utilization of clear funds by the UTI Muual Fund and in accordance with the provisions of the SID of the respective Schemes. The User accepts that transaction instructions entered on non-business days or after cut off times will be processed on the following business day.
Limitation of Liability
In no event will the UTI MF, UTI Trustee Company/UTI AMC or their associates or any person connected with it, be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Facility/Application, including loss of profit or the like, whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence) or otherwise.
Information to be kept safely:
The User hereby accepts the sole responsibility for maintenance of the password/OTP/PINsafely and UTI Mutual Fund, the Trustee Company, UTI AMC , their associates and any person connected with it shall not be held liable for any loss suffered by the User due to disclosure of such information and other personal information to a third party.
The User understands that the User’s mobile phone/device can be misused in the event of loss of the mobile phone/device or it falling in the wrong hands. The User shall not hold the UTI Mutual Fund, the Trustee Company, UTI AMC, their associates and any person connected with it, responsible for any loss that the User or any third party may suffer due to such circumstances.
The User agrees that any transaction/ information that is entered through UTI Mutual Fund with the provided login credentials, whether initiated by the User or not, shall be deemed to have originated from the User. The User shall be held liable for all such losses from unauthorized transactions in the User’s folio through the Facility/Application.
The User hereby accepts that in case of any discrepancy or any error in the information in Facility/Application , the User shall inform UTI Mutual Fund/UTI AMC immediately. UTI Mutual Fund/UTI AMC will endeavour to correct the error promptly wherever possible on a best error basis.
Termination of Facility/Application:
UTI Mutual Fund/UTI AMC may terminate the Facility/Website/Chatbot//Application at any time by giving notice of termination to the User for such reason as UTI Mutual Fund/UTI AMC may, in its sole and absolute discretion deem proper.
UTI AMC may terminate access to any Facility/Website/Chatbot//Application for any User if he/she is in breach of any of these Terms and Conditions and in particular upon any failure by such User to pay his/her subscription charges, if any, in accordance with these Terms and Conditions.
The User/Unit holder/s shall give 30 (thirty) days written notice to UTI AMC for termination of the PIN/usage of the Facility.
The User agrees that the User shall remain responsible for any transactions made on the Facility/Website/Chatbot//Application until the services are terminated by the User/UTI AMC.
Applicable law, Dispute Resolution and Jurisdiction:
These Terms and Conditions shall be governed exclusively by the laws of India. All or any dispute or differences arising between UTI MF/ UTI Trustee Company/UTI AMC and the User, to the extent possible, be settled amicably by prompt negotiation between his/her respective representatives. In the event of any failure to settle the dispute by mutual negotiations within 30 (thirty) days of the commencement of the negotiations, the same shall be referred to arbitration in accordance with the provisions for the time being in force of the Arbitration and Conciliation Act, 1996 of India or any amendment or re-enactment thereof. UTI AMC and the User to the dispute shall jointly appoint a sole arbitrator. If within 15 days from the date of reference of the dispute to the arbitration, they are unable to jointly appoint a sole arbitrator, then, in that event, UTI MF/ UTI Trustee Company/UTI AMC shall appoint one arbitrator, the other party shall appoint one arbitrator and both the arbitrators shall appoint the third and the presiding arbitrator. The arbitration proceedings shall be conducted exclusively in the city of Mumbai and the language of the arbitration shall be English.
Subject to arbitration clause, any matters whatsoever arising out of this arrangement shall be governed exclusively by the laws of India.
UTI Mutual Fund/UTI AMC reserves the right to amend/alter or add/delete the clauses in these terms and conditions which will be updated from time to time in http://www.utimf.com. The User hereby confirms that he/she is deemed to have read and understood the latest terms and conditions as it exists on the date of usage and shall be bound to abide by those terms.
Miscellaneous
The headings in this document are for convenience only and are not intended to have any legal effect nor purport to be complete or accurate descriptions of the content thereof and shall not be used to interpret the provisions of this document.
In the event, any of the aforesaid terms and conditions shall be rendered/held to be unenforceable due to any regulatory changes, the remaining terms and conditions shall be unimpaired, and the unenforceable term or condition shall be replaced by such enforceable term or condition as may come closest to the intention underlying the unenforceable term or condition.
Online Acceptance on Chatbot
“I have read and understood the terms and conditions and I Agree” OR “I Disagree”.
By using this Website/Facility, UTI MF Mobile Application, Chatbot, the User/Investor acknowledges & accepts all the terms, conditions and requirements
Rules and Regulations for access or usage of UTI AMC’s computers resource by any person You can access www.utimf.com (herein after referred to as "this Website”) or any of the AMC’s computer resource, subject to the terms and conditions of use, as changed / updated from time to time entirely at the discretion of UTI AMC as set out below ("Terms of Use"). This Agreement is for an indefinite term and you understand and agree that you are bound by such terms.
General
1. You understand that UTI AMC may at any time, at its sole discretion and without prior notice to you, prohibit or restrict your access to this Website or related services or may discontinue or change, at any time, any of the services available through this Website.
2. Pages within this Website may contain supplemental Terms and Conditions and additional disclosures and disclaimers, which are in addition to these Terms and Conditions, disclosures and disclaimers.
Capacity to contract
3. You must be 18 years of age or older to visit or use this Website in any manner. In the event that you are below 18 years of age, you are visiting this Website at your own risk and you alone shall be liable for your actions. By visiting this site or accepting these Terms of Use, you represent and warrant to --- AMC that you are 18 years of age or older, and that you have the right, authority and capacity to use this Website and agree to and abide by these Terms of Use. By using this Website, you agree to follow and be bound by all terms and conditions concerning your use of this Website.
Compliance with Applicable Laws
4. This website is intended for use by such investors, prospective investors and distributors authorized by law and regulations to invest / deal in Mutual Fund units. This Website is not intended for distribution, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. It is the responsibility of the respective person who accesses the information contained herein to observe all applicable laws and regulations of the relevant jurisdictions.
5. The Use of this Website may be monitored, tracked and recorded. Any unauthorized, unlawful access may be subject to a legal recourse by the AMC / Trustees / Sponsors of the Mutual Fund. 11
User representations and warranties
6. You represent and warrant to UTI AMC that you will use this Website in a manner consistent with any and all applicable laws and regulations.
7. You represent and warrant that you will not make any unauthorized usage of this Website including but not limited to the following: a) transmitting or sending unsolicited commercial or marketing communications; b) deleting or revising any content; c) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site; and d) aggregating, copying or duplicating in any manner any of the content or information available from this Website.
8. You represent and warrant that the you shall not host, display, upload, modify, publish, transmit, update or share any information that — a) belongs to another person and to which you do not have any right to; b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; c) harms minors in any way; d) infringes any patent, trademark, copyright or other proprietary rights; e) violates any law for the time being in force; f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; g) impersonates another person; h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation
Contents on this Website
9. While due care has been taken to ensure the accuracy of information on this Website, the Mutual Fund, the AMC, the Trustee Company, the Sponsors and the RTA, shall not in any way be responsible for any loss or damage arising in contract, tort or otherwise from: a) any inaccuracy or error or omission of any data. b) interruption or delay in the provision of this service. 12
10. In addition to and without limiting the foregoing, _________ AMC shall not be liable for any harm caused by the transmission, through the services or information, of a computer virus, or other computer code or programming device that might be used to access, modify, delete, damage, corrupt, deactivate, disable, disrupt, or otherwise impede in any manner the operation of the services or any of the user’s software, hardware, data or property.
11. You specifically agree that UTI AMC shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received through the Website.
Property rights in information and services
12. All trademarks, logos and service marks, information and content provided on this Website, including its design structure and compilation, are privately owned Intellectual Property Rights of --- AMC and/or its affiliates or group companies and/or otherwise permitted for the use of --- AMC. You may not copy, transmit, distribute, modify, reuse, sell or display any of the Proprietary Content for any purpose except with the prior written consent of --- AMC, which it may issue in its sole discretion. Unauthorised use of the materials appearing on the Website may violate copyright, trademark and other applicable laws, and could result in criminal or civil penalties. You are granted a non-exclusive, nontransferable and limited right to access this Website.
Linked sites
13.UTI AMC provides links to other sites for the convenience of users in locating related information and services. The content to which links may be made available on this Website have not been developed, checked for accuracy, or otherwise reviewed by ---- AMC. It makes no representations whatsoever about any such website which the user may access through this Website and is not liable to users for any content viewed by them through a link which may be provided from this Site. A link to a website does not mean that UTI AMC endorses or accepts any responsibility for the context or the use of such website.
14. UTI AMC is not liable for any loss or damage caused by any delays, inaccuracy, errors or omissions in the content of any link, whether actual, alleged or consequential. ----- AMC is not liable for any content displayed on the linked website, not furnished or provided to it by any third party including, without limitation, the accuracy, subject matter, quality or timeliness of such content. It is the responsibility of the user to take necessary precautions to ensure that whatever is selected for use is free of such items as viruses and other items of a destructive nature.
Indemnity
15. You agree to indemnify and hold --- AMC, Sponsors, its subsidiaries, affiliates, officers and employees, harmless from any claim, demand or damage, including reasonable attorney’s fees, asserted by any third party due to or arising out of your use of or conduct on the Site. 13
Amendments
16.UTI AMC reserves the right to add, amend or revise, in whole or in part, any of the services or contents on this website or these Terms and Conditions at any time without prior notice. Any addition, suspension, revision, amendment, cancellation or suspension shall be effective and binding on users. You are requested to keep yourself updated for the changes by reading the same from time to time
Governing law
17. The Usage of this Website and these Terms and Conditions shall be governed by /construed in accordance with, the laws of India.
Jurisdiction
18. Any dispute arising out of the Scheme(s) and the usage of this Website shall be subject to the exclusive jurisdiction of the Courts in India. UTI AMC reserves the right in its sole discretion to investigate and take legal action against anyone who engages in any illegal or prohibited conduct or otherwise violates these Terms and conditions. Your continued use of this Website will be deemed acceptance of these terms and you will be unequivocally bound by all these terms and conditions, including amendments, if any. UTI AMC has appointed Madhavi Dicholkar as the Grievance Officer to redress complaints arising from the usage of this Website or usage of any computer resource provided by the AMC. The contact details of Ms Madhavi Dicholkar are as under: Name : Madhavi Dicholkar Telephone Number: 022 66786258 Email : madhavi.dicholkar@uti.co.in In case you have any complaints arising from the usage of this Website or any of the terms and conditions mentioned above including unauthorized usage by anyone as detailed in clause 8 above or the usage of any computer resource provided by the AMC, you are requested to contact the Grievance Officer at the details mentioned above.