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AMENDMENTS TO THE EXISTING TERMS OF USE:

“Wishfin.com. Is a website (the "Site") operated by Mywish Marketplaces Pvt. Ltd (“MMPL”). MMPL provides its services to you subject to the following conditions. Before you may use the Site, you must read and accept all of the terms and conditions in, and linked to, this Terms of Use, and the linked Privacy Policy, and the Portal T&C. We strongly recommend that, as you read this ToU, you also access and read the linked information, since it is incorporated into and hereby made part of this ToU. This ToU is effective upon acceptance.

This ToU is an electronic record in terms of the Information Technology Act, 2000, the rules made thereunder (the “IT Act”), as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Use of any functionality of the Site constitutes acceptance of this ToU. If this ToU conflicts with any other documents, the ToU will control for the purposes of usage of the Site. However, notwithstanding anything to the contrary contained herein, access to, or use of, the recommendation made here, whether or not through the Site, including, but not limited to, any service availed or derived therefrom, and any act done, or omission made, pursuant to such access or use, is governed by, and constitutes acceptance of the Portal T&C. The Portal T&C forms a part of, and has been incorporated, by reference, in the ToU, and, with respect to the Portal, to the extent that any provision of the ToU conflicts/ is deemed to conflict with the Portal T&C, the Portal T&C shall prevail.”

Portal T&C

Each person, natural or otherwise, that directly or indirectly through an agent, representative or intermediary, accesses, or otherwise uses, the Portal including, but not limited to, by availing or deriving any service therefrom, or does any act, or makes any omission, pursuant to such access or use (each such person, a “User” and collectively, the “Users”, and referred to herein as “you”, “your”, or other similar pronouns, and each such access, use, availment, act or omission, a “Use”) shall be subject to and bound by the terms and conditions as mentioned herein.

This Portal T&C forms a part of, and has been incorporated, by reference, in the ToU. Any capitalized terms that are not defined in this Portal T&C have the meaning defined in the ToU. Each User is deemed to have carefully read and understood, and acknowledges, agrees, and accepts to be bound by and comply with this Portal T&C, which may be revised, modified, or replaced in its entirety, from time to time, without prior notice and without requiring prior consent/approval from any User.

Each User acknowledges and agrees to review this Portal T&C each time, prior to any Use, as each User will be deemed to have accepted any variations thereto if such User continues to Use the Portal after such variations.

This Portal T&C has not been approved by any authority and is solely meant to define the scope of services and responsibilities of parties hereto.

Each User acknowledges, agrees, and accepts that:

Scope and Nature of the Portal

• MMPL is a distributor of mutual funds, and is a member of, a self-regulatory organisation recognised by the Securities and Exchange Board of India (SEBI)
• MMPL receives [brokerage]/[commission] from mutual fund companies if the User makes investments in mutual fund products distributed by MMPL
• The Portal including, but not limited to, all Content (as defined below) thereon, is a resource for informational purposes only, strictly incidental to MMPL’s primary activity of distribution of mutual funds, and all processing/analysis of User Data (as defined below) for the purposes of generating any content including, but not limited to, results, suggestions, indications, highlights, or recommendations for investments by the Users (the “Content”) is purely based on mathematical models and/or proprietary algorithms (developed by MMPL and/or its Third Party Technology Partners (as defined below)). Such mathematical models and/or proprietary algorithms do not rely solely on User Data to generate Content;
• Nothing on the Portal (including, but not limited to, the Content) constitutes, or should be considered or construed as a substitute for financial, legal accounting, investment, valuation or tax advice on investments in any securities, units, or other financial instruments, products or assets, whatsoever. The Users are solely responsible for independently investigating the suitability of any potential investment in any securities, units, or other financial instruments, products or assets, after careful consideration of their circumstances and financial resources, and for conducting any financial, legal and accounting due diligence review with respect to any such potential investment and should obtain adequate financial, legal accounting, investment, valuation and tax advice from qualified and/or registered experts or advisors before making any decisions in relation to such investments;
• Neither MMPL, nor any of its associates, affiliates, or Third-Party Technology Partners represents or “holds out” to be a qualified and/or registered expert, researcher or advisor with respect to, or in connection with, anything contained in the Portal (including, but not limited to the Content);
• The Users Use the Portal with the explicit understanding that none of MMPL, its associates, affiliates, or the Technology Partners, is, at any point, directly or indirectly:
  1. expressing any expert opinion or investment advice on the suitability, accuracy, adequacy, appropriateness or completeness, as the case may be, of any potential investment in any securities, units, or other financial instruments, products or assets which may be facilitated through such Use;
  2. assisting in, or making any representations with respect to, the determination of fair value of any securities, units, or other financial instruments, products or assets, or
  3. clearing, underwriting, or guaranteeing, or causing the clearance, underwriting, or guaranteeing of any investment made by any person;
• Under no circumstances should any User contemplating and/or evaluating any investment in any securities, units, or other financial instruments, products or assets, do so based solely on the Use of the Portal;

Disclosure and Handling of User Data

• In the process of Using the Portal, the User shall be, from time to time, required to (i) input data (including personally identifiable information) pertaining to such User’s current financial state including, but not limited to, current cash flow, net worth, risk, tax and other relevant information, on the Portal, or (ii) provide any other data, information, documents, or material, that be necessary for analysis and generation of Content, or as may be required under applicable law or sought by any government authority or regulator (all such data, information and documents, or material, “User Data”, and any input, submission, provision of such User Data, via the Portal or otherwise making available such User Data, a “Disclosure”);
• Each User, by Disclosing any User Data, represents and warrants to have the capacity, rights and authority, under applicable law and/or its contractual and fiduciary relationships, to Disclose all such User Data, and is solely responsible for ensuring that each such Disclosure is in compliance with all legal and contractual requirements and restrictions, applicable to such User or to any User Data Disclosed by such User, and strictly in accordance with this Portal T&C;
• Each User, by Disclosing any User Data, represents and warrants, that all User Data is true and accurate, and that such User will maintain and update such User Data immediately upon becoming aware of any development leading to such User Data no longer being true and accurate;
• MMPL uses tools and software licensed from its associates, affiliates, or other third-parties for, among others, User Data collection, storage, User Data processing, User Data analysis, and generation of the Content (such third-parties, “Third Party Technology Partners”), and accordingly, any User Data Disclosed by the User is liable to be disclosed to such Third Party Technology Partners for the purposes of such collection, storage, processing, analysis, and generation of Content. Such licensed tools and software may be hosted on the computers, servers, databases, and other electronic systems (IT Systems) of MMPL, of any Third Party Technology Partners, and/or on any combination thereof. Accordingly, collection, storage, processing, or analysis of User Data, and/or generation of the Content may be done on, or enabled by, all or any such IT Systems. The User hereby expressly, unconditionally and irrevocably understands the foregoing and consents to the disclosure (including, but not limited to, collection, storage, processing, analysis) of User Data with Third Party Technology Partners, and/ generation of the Content on, or enabled by, IT Systems of MMPL, of any Third Party Technology Partners, or on any combination thereof;
• Each User should be aware that no security measures is perfect or impenetrable, and in the unforeseen circumstances of technical failures, malfunctions, or any acts of third-parties, MMPL, its affiliates, associate, or any of the Third Party Technology Partners will not be responsible to any User for any damage or loss resulting from it, including, but not limited to, on account of any breach, loss, or unauthorized access or use of any User Data.

Grant of License to User Data

• By Disclosing any User Data, the User grants to MMPL a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, transferable, sub-licensable (including, but not limited to the Third Party Technology Partners) license to store, exploit, reproduce, adapt, modify, translate, interpret, collate, merge, create derivative works from, and distribute such User Data or any derivative works thereof;

No Recourse to Third Party Technology Partners

• The arrangements between MMPL and the Third Party Technology Partners do not constitute a partnership or joint venture among them or constitute one to be the agent or representative of the other for any purpose. MMPL has no right or authority to do any act, deed, matter or thing that binds any Third Party Technology Partner. The Users would not, under any circumstances, be considered or deemed to be beneficiaries of the relationship between MMPL and the Third Party Technology Partners and there is no privity between the Users and such Third Party Technology Partners. The Users shall not have any recourse or access whatsoever against the Third Party Technology Partners and/or IT Systems maintained by or for them or accessed by them (whether or not containing User Data), with respect to any matter arising out of, or in connection with, the Portal (including, but not limited to, the Content);

Investment Risk, Independent Assessment, and No Reliance on the Portal

• Investment in any securities, units or other financial instruments, products or assets is a complex matter and all risks associated with such investments cannot be ascertained or quantified with any reasonable degree of accuracy, and past performance of any securities, units or other financial instruments, products or assets is not a guarantee of future performance;
• The Users should not invest any capital in any securities, units, or other financial instruments, products or assets unless they can afford to lose their entire investment; and
• The information, services, functionalities, or features (including the Content) provided on the Portal are not being provided to, and shall not be Used by, any person or entity in any jurisdiction where the provision or Use thereof would be contrary to applicable law. Some of the services, functionalities, or features of the Portal may not be available in all jurisdictions or to all the Users.