TERMS OF USE

The website, web application and mobile application ‘Lābham' (hereinafter referred to as “Application") is owned and operated by 'Vikatan Wealth Private Limited’ a company incorporated under the Companies Act, 2013 with its registered office at 757, Anna Salai, Chennai-600 002. Vikatan Wealth Private Limited is in the business of distribution of financial products.

Welcome, and thank you for using Lābham. When you use Lābham, You are agreeing to be governed by the Terms of Use contemplated herein below read with our Privacy Policy, Cookie Policy, Disclaimers and the terms and condition, if any, specific to the products and/ or services availed by You. We sincerely recommend you take a few minutes to read over and familiarize Yourself with the Terms of Use described below.

We are in process of obtaining Mutual fund distribution registration (ARN number) from Association of Mutual Funds of India (AMFI). On receipt of the registration, we shall initiate our business operations and the Terms applicable to distribution of mutual funds / investment products will apply to You post initiation of our business operations with respect to distribution of mutual funds / investment products.

NOTE: By registering, browsing, accessing, downloading, and/or using the Lābham either for general purpose or for specific purpose, You are agreeing to and entering into a legally binding agreement with Vikatan Wealth Private Limited and agreeing to the Terms of Use stated herein in the same manner as if the user have agreed to the same in writing. If You do not agree to any or all of the following Terms of Use, You should not use or access Lābham in any manner.

• PLEASE READ THROUGH THESE TERMS OF USE CAREFULLY BEFORE USING THE LABHAM

  The website https://labham.money/ and/or mobile applications like ‘Lābham’ including its sub-sites, platforms, applications, m-web platforms (collectively referred as the Lābham) and are owned, operated, and managed, by Vikatan Wealth Private Limited (“the Company”) for delivery of information, products, offerings and content via any mobile or internet connected device or otherwise (collectively the "Services").

  THESE TERMS IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS DO NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

• DEFINITIONS

  "Account" shall mean the account opened by the Registered Users, for use of the Product/ Services for making investments through Lābham.

  “We”, “Us”, “Our”, “Company” - shall refer to Vikatan Wealth Private Limited, and its affiliates, officers, employees, agents, partners and licensors.

  “You”, “Yours”, “Yourself”, “User” - refers to any individual, non- individual or corporate body.

  “Government Authority” shall mean any national, state, local, provincial, municipal, district or other sub-division governmental authority, statutory authority including Securities and Exchange Board of India (SEBI), Reserve Bank of India (RBI), Insurance Regulatory Development Authority of India (IRDAI), CDSL, NSDL, government department, administrative authority including (Indian) stock exchange such as NSE, BSE, commission, board, tribunal or court or other law, rule or regulation making entity or competent authority.

  "Registered User" or "Registered Customer" shall mean and include the users or customers who have an Account to avail the Services or any part thereof, as provided on Lābham.

  “Third Party Service Provider(s)” means and includes company, vendors, business partners, banks & financial institutes or any such entity whose facilities are used by Company(s) to provide the various Services.

  “Terms” or “Terms of Use”- are interchangeably used and shall have the same meaning and shall include Privacy Policy, Cookie Policy, Disclaimers as well as terms and conditions of specific products/services availed by You.

  "SIP" shall mean Systematic Investment Plans

  "STP" shall mean Systematic Transfer Plans

  "NAV" shall mean Net Asset Value

  "AMC" shall mean Asset Management Company.

  "BSE" shall mean Bombay Stock Exchange.

  "NSE" shall mean National Stock Exchange of India.

  You hereby understand that, the specific products / services availed by You may have their own additional / supplemental terms and conditions and You unequivocally grant Your consent to abide and remain compliant with the said additional / supplemental terms and conditions. When You use any of the Services, You shall also be subjected to comply with applicable law(s), rule(s), guideline(s), notification(s), circular(s), or such other directive(s) issued by applicable Government Authority. You acknowledge and understand that these Terms of Use along with additional / supplemental terms and conditions shall be read harmoniously. Company reserves right change / amend / modify these Terms or the additional / supplemental terms and conditions at any time, without notice.

• DECLARATIONS, REPRESENTATIONS, TERMS AND CONDITIONS

  By using or registering on Lābham, you agree, declare and represent that:

  You are 18 years of age or older and where you are acting as guardian on behalf of a minor, you have necessary authority to register / sign up for the Services on behalf of the minor. You hereby unconditionally and unequivocally agree to promptly furnish and/or execute such additional document(s) (as may be requested from time to time), to establish Yourself as lawful guardian and to continue Your access to the Services.

  You are capable of entering into legally binding contract and that You are not barred or otherwise legally prohibited to use the Services.

  You agree that you will be allowed to make any transaction through the Lābham when you complete the know your client (“KYC”) process and provide the complete information including personal information in accordance with the KYC guidelines as issued by applicable regulatory body, government authorities, competent authority from time to time. For availing various Services, You hereby grant your consent and permit Company to share your KYC information with its group entities, and/or with Third Party Service Providers offering your various products and services, to enable them to promptly respond to your queries / interests. The collection, processing, storage, and sharing of Your information is further governed by Company's Privacy Policy.

  You shall always ensure that Your use of Lābham and/or reasons to avail Services shall be strictly for valid, lawful purpose. You shall remain fully responsible for all activities, transactions placed / requested on Lābham.

  You agree that transactions made through Lābham shall be through your own bank account only and the said transactions do not violate or contravene to any law for the time being in force including Income Tax Act, anti-money laundering laws, anti-corruption laws, prevention of money laundering act etc. and the rules made thereunder.

  You shall be responsible to maintain confidentiality of your Lābham account including your log-in credentials & OTPs. You understand that Company is merely facilitating you to secure your account on good-faith basis and as such Company assumes no responsibility or liability towards any losses, frauds, unauthorized transactions that may happen or you may suffer

  You shall not do or attempt to do any of the following acts: (i) impersonate any person or entity, or falsely stating your age or affiliation with any person or entity; (ii) posts any third-party intellectual property rights or other property rights infringing contents; (iii) act in violation or contravention to any law for the time being in force; reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of Lābham or any part thereof; (iv) engage in, post, or transmit any message which is libellous, defamatory, pornographic, vulgar or offensive in nature or otherwise inconsistent with or contrary to the laws in force

  The information You provide when You register on the Lābham is complete, true, correct, updated, accurate and belongs to You.

  You shall remain responsible to notify to the Company of any material change in your personal information and/or profile. Company would be entitled to rely on the most recent information provided by You.

  You agree to be contacted by Company (including its employees, representatives, officers, partners etc.), Third Party Service Providers over phone and/or WhatsApp and/or e-mail and/or SMS/and or push notifications or any other form of electronic communication. This consent overrides any registration for DNC/NDNC. You agree and confirm that if your mobile number is registered in the Do Not Disturb (DND) list of TRAI, you may not receive SMS from the Company. You agree to take steps to deregister from the DND list and shall not hold Company liable for non-receipt of SMS.

  You hereby unequivocally grant Company the right and authority to use your contact details as furnished by You at the time of registering on Lābham as your primary, valid and default communication address for any and all Services. You cannot hold Company liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.

  You understand that You shall be responsible for maintaining the confidentiality of your information and You are fully responsible for all activities that occurs on Lābham under your login. You also agree to always keep your login credentials safe, secure and confidential. You shall continue to be responsible for the activity, transactions on Lābham, if you knowingly or negligently (i) grant any other person access to your login, (ii) permit any other person to transact, or (iii) transact on any other person’s behalf or directions in any manner whatsoever. Company cannot and shall not be liable for any losses or damages arising from Your failure to comply with these provision(s).

  You acknowledge that the software and hardware underlying the application as well as other Internet related software which are required for accessing the application are the legal property of either Company or its respective Third Party Service Providers. The permission given by Company to access Lābham will not convey or grant any proprietary or ownership rights in the above software/hardware.

  The Company is not responsible for the availability of content or other services on third party sites linked from Lābham. You are aware that access of hyperlinks to other internet sites are at your own risk and the content, accuracy, opinions expressed, and other links provided by these sites are not verified, monitored or endorsed by Company in any way. The Company urges You to read the terms of use, privacy policy and/or other conditions available on respective third party sites, before accessing or registering with any of such third party sites. Company does not make any warranties and expressly disclaims all warranties express or implied, including without limitation, those of merchantability and fitness for a particular purpose, title or non-infringement with respect to any information or services or products that are available or advertised or sold through these third-party platforms.

  You agree that You will not use the Lābham for any purpose that is unlawful or prohibited by these Terms. You also agree You will not use the Lābham in any manner that could damage, disable or impair the application or interfere with any other party’s use, legal rights, or enjoyment of the application. You hereby represent and warrant that you shall make use of the Lābham as a prudent, reasonable and law-abiding citizen and you shall comply with relevant applicable laws.

  The Company can use Third Party Service Providers for payment gateway services, account aggregator services, MF portfolio fetch, transaction execution services etc. The engagement of these Third-Party Service Providers is to facilitate users to provide Services seamlessly and securely on Lābham. However, Company assumes no responsibility or liability in any manner whatsoever, for any delayed or non-processing of transactions. You understand that Company and/or partnered financial institutes shall be well within its rights to not to act and/or suspend the services if the transaction is not successful or delayed credit of transactions takes place. You understand and accept the risk associated with processing of online transactions and agrees that Company shall not in any manner whatsoever be responsible to You for any losses, cost, interest, penalties, levies, charges or such amount that may be recoverable from you due to delay in or non-processing of transaction is levied. It is advised that, You should diligently keep track of all your payments are done in timely and successful manner.

  Neither Company nor any of our directors, employees or agents shall be liable for any representation with respect to investment products/ opportunities made by it/him/her hereinunder and it will be Your responsibility to make an independent assessment pursuant to the availing/using of the Lābham /Services or availing any product or services.

  You acknowledge and agree that Company do not guarantee that availing of the services from the Lābham will result in profits or avoid losses or meet the objectives, including Your investment objectives, or that availing / using of the services / Lābham will not at any time be affected by adverse tax consequences, technical failures, timely regulatory compliance to a new law. Company shall not be liable to You for any error of judgement or loss suffered by You in connection with the services provided to you.

  Company does not provide investment advisory services, and anything contained or provided on Lābham should be considered as investment advice.

  Products and Services offered by Lābham may not be traded on the exchange. All disputes with respect to the distribution activity, would not have access to Exchange Investor Redressal Forum or Arbitration mechanism. In accordance with the applicable laws, Lābham is allowed to render incidental advice with respect to mutual fund products only to its mutual fund distribution clients. For every other purpose, including distribution of non-mutual fund products, the circulated material is for informational purposes only. Further, it is not intended as investment advice or an opinion concerning securities or a public offer proving a basis for an investment decision. The views or expressions contained in the circulated material are not necessarily of Lābham and Lābham neither assumes any responsibility/liability nor does guarantee its accuracy, suitability, completeness and adequacy. The figures and data that may be appearing in the material are taken from various sources and Lābham is not responsible for the accuracy of the same. The content of the material including images, charts, graphics and pictures are protected intellectual properties and cannot be amended, copied, reproduced, replicated, republished, uploaded, posted, published, transmitted, displayed or distributed for any non-personal use without obtaining prior written permission, any non-adherence of which may attract appropriate legal action. Mutual Fund investments are subject to market risk, read all scheme related documents carefully. The past performance of the scheme is not indicative of future performance. The Mutual Fund is not guaranteeing or assuring any dividend under any of the schemes and the same is subject to the availability and adequacy of distributable surplus.

  Investors are requested to review the prospectus carefully and obtain expert professional advice with regard to specific legal, tax and financial implications of the investment/participation in the scheme. Investors are advised to seek appropriate advice from experts before taking any investment decisions. Nothing in the circulated material is intended to construe an advertisement or an investment, financial advice and/or solicitation, advice to buy, sell or deal in any financial product.

  You agree and understand that by availing the Services You shall be bound by these Terms of Use, Privacy Policy, Cookie Policy, Disclaimers as well as terms and conditions of the respective investment product being transacted by you. In case You have been introduced/referred by one of Our business partners, then Your information / Your portfolio information on Lābham shall be shared with business partners who introduced/referred You to Us.

• AVAILING OF SERVICES

  Service(s) shall be availed in accordance with the Terms mentioned herein. User agrees that the Company and / or the mutual fund may at its sole discretion vary the terms and conditions or withdraw any of the facilities provided herein from time to time.

  User hereby irrevocably and unconditionally grants no objection to the Company and the respective mutual funds / RTAs to collate the transaction details relating to the investments in mutual fund units done by user on Lābham and provide such transaction data to the Company for further processing of user transactions.

• REGISTRATION OF THE USER

  Access to the Services will be granted by the Company only to Registered User of Lābham, post the enrolment for the Services. User agrees and acknowledges that the Services provided herein are presently available in respect of select Mutual Funds only with whom the Company has entered into an arrangement. User shall provide the required details and the documents for the purpose of the registration and enrolment.

  For the purpose of registering on Lābham:

  A valid phone number has to be provided and a password has to be created. Further, For the purpose of enrolment and using the Services of Lābham, the User has to provide the following details:

  • Pan Card details and a copy of the PAN card
  • Bank Account Details and a cancelled cheque leaf
  • Address proof
  • Photograph
  • Signature

  The above information/documents as well as any other information/document that may be needed by the Company /mutual fund company shall be provided by the User at the time of enrolment/registration. Once the information is received by the Company, the documents shall be provided to the concerned regulatory authority/mutual fund company for the purpose of opening an account with the Company for the transaction to be made by the Users.

  During the registration process, the User will be prompted to sign on the mobile screen/upload his/her signatures. The Company will capture the signature of the User and will utilize only for the purpose of completing the registration formalities – namely, KYC form and BSE Account Opening Form. The signature does not allow the Company to undertake any transactions other than specified here.

  Kindly Note: In the event, if any discrepancy is found, in any of the information provided by the user, for example, information in any of the documents provided does not match with the adjoining documents, such mismatch shall lead to the rejection of the Documents. The privacy of the documents provided or any such personally identifiable information provided to the Company, shall be maintained in accordance to the Privacy Policy.

  User agree that any and / or all information that may be provided by you to the Company from time to time, including but not limited to contact information, address and tax related information or any other information required under existing or future KYC or other norms and laws, may be shared by the Company with the regulatory authorities/mutual funds/BSE/NSE/AMCs or their respective authorized service providers, auditors, legal and tax consultants in compliance with the extant legal provisions from time to time.

  There may be an exit load applicable to certain mutual fund schemes which is mentioned in the respective offer documents including Scheme Information Document (SID) /Key Information Memorandum (KIM) and addendums issued thereto from time to time (collectively referred to as "scheme related documents"). User shall read all the scheme related documents before making any transaction on Lābham.

  Investments from persons from the country other than India may not be permitted in certain mutual funds. The Company /BSE/NSE/their respective trustee companies shall not be liable for rejection of an application by mutual funds, where the investor is a person from a country other than India or such other prohibited investor as may be specified in the respective scheme related documents from time to time.

  Purchase requests made through Lābham shall be processed by the respective mutual funds only after funds sufficient to cover the purchase price and other costs and charges have been received by the respective mutual funds. Payments towards the purchase price and other costs and charges shall be made by the Registered User through NEFT or the payment gateway or other electronic means made available by Lābham on the online technology platform. If for any reason the mutual fund is unable to allow a transaction for purchase or redemption of the full quantity of units such as transacted by a Registered User on Lābham, the respective mutual fund shall be entitled to process a lesser quantity of units being purchased or redeemed (as the case may be) by such Registered User. In such a case, the Company shall be not responsible for the non-execution of transactions for the entire quantity or the remaining quantity of units.

  Transaction rights for SIPs and STPs will be pursuant to the Registered Customer executing the instructions, in the manner and form as prescribed by the Company and / or mutual funds on Lābham from time to time. The instructions will be applicable to all SIP, STP transactions whether presently existing or to be opened in future. User agrees that, upon granting such instructions for SIP, STP transactions, user will be bound by the terms of the relevant SIP and STP scheme of the mutual fund to which user subscribes.

  User agrees and acknowledges that any transaction done or purported to be done by user on a business day would be processed on the next business day. The user will be allotted Mutual Fund units by the respective AMC based on the NAV applicable of that business day. This will be applicable to switch and redemption transactions also.

  While the Company shall make every effort to ensure adherence to the above timelines, the Company shall in no way be responsible or held liable for any delay thereof, including for loss of interest and / or opportunity loss and / or any loss arising due to movement in NAV or any other losses, liabilities, damages, costs, charges, expenses which the investor(s) may sustain, incur or suffer or be put to or become liable or incur directly or indirectly by reason or as a consequence of any delay thereof.

  User acknowledge that the units of the scheme shall be allotted, redeemed or switched, as the case may be, by the respective mutual funds at the applicable NAV of the concerned mutual fund scheme as provided by mutual funds and consistent with the terms of the Scheme. However, the Company shall not be liable for any loss that may arise to user as a result of incorrect NAV applied on units allotted to user by the mutual fund.

  User acknowledges that any transactions done on a holiday would be processed on the next business day and the NAV would be applicable as per the respective scheme related documents.

  User acknowledges that transactions once placed cannot be cancelled. However, user can withdraw money by redeeming the mutual fund units. Upon such withdrawal, the settlement amount towards the mutual fund or the units of Mutual fund shall be credited to the registered account of the user within 3-4 bank working days.

  User acknowledges that any directions pertaining to all transactions including withdrawal, STP and switch transactions provided by the User from its Registered User account shall be deemed to be considered as the bona-fide order placed by the User.

  User have read and understood the contents of the Scheme related Document and the details of the scheme and they have not received or been induced by any rebate or gifts, directly or indirectly, in making investment. User hereby declare that the amount invested/to be invested by their investment in the scheme(s) of Mutual Fund (s) is derived through legitimate sources and is not held or designed for the purpose of contravention of any act, rules, regulations or any statute or legislation or any other applicable laws or any notifications, directions issued by any governmental or statutory authority from time to time.

  The AMFI Registration Number ("ARN") holder has disclosed to user all the commissions (in the form of trail commission or any other mode), payable to ARN holder for the different competing Schemes of various Mutual Funds from amongst which the Scheme is being recommended to users.

• NO OBEJECTION FROM THE USER(S)

  1. User acknowledge and grants no objection to the Company to do or place transaction requests for the User on Lābham and at users own risk and cost, all or any of the following acts, deeds matters and things:

  • To forward user transaction data and requests to the respective mutual funds/BSE/NSE with respect to the instructions and orders of sale, purchase, transfer, splitting and consolidation of mutual funds units.
  • To transmit to the mutual fund and/or the BSE/NSE, information relating to user nomination/changes in investment plan/ any other changes made through the online platform.
  • To obtain and forward to the BSE/NSE/AMC, its Authorized Registrar user’s information as available in the KYC records, including user signature(s). User agrees that such records may be used by the BSE/NSE/AMC/Authorised Registrar for authorizing the transactions that may be submitted by user in physical/offline mode.

  2. Holding pattern and Customer details

  • User acknowledge and agree that the Lābham holding pattern of the Registered Customer, as reflected in the Lābham system, is deemed to be the Lābham account holding pattern of the account holder/investor(s).
  • User also agrees there will be no changes allowed in the holding pattern of the investors associated with the Account once the Account is activated.
  • User agrees that once an investment is made using the holding pattern, User will not be allowed to change the holding pattern for the subscriptions.
  • The other requisite data (which is not part of the form) required to be reported to BSE/NSE/ authorized registrar of the AMC will be extracted from Lābham account details maintained for the First holder. The mode of holding in all customer joint accounts is treated as "Anyone or Survivor".

  3. Account Statement

  • User agree and acknowledges that it shall be the obligation of the AMC and not of Lābham to regularly send to the Registered Customer such communications as required under the SEBI Regulations.

• ONLINE PAYMENT – PAYMENT GATEWAY TERMS

  The funds transfer for purchase of units of mutual funds will be done by using an Electronic Payment Gateway facility, ONLY internet banking facility shall be offered for transaction on the Application, through a third party net banking service provider registered with the Reserve Bank of India. User cannot use or permit the use of the payment gateway or any related services for any illegal or improper purposes.

  Users shall utilize the Electronic Payment Gateway at their own risk. These risks would include but not be limited to the following risks and the Company disclaims all liability and responsibility for any claims, losses, damages, costs of whatsosever nature arising due to such risks:

  • Misuse of Password: If any third party obtains access to user password of the Investments Services Account, such third party would be able to transact on Lābham. User shall ensure that the terms and conditions applicable to the use of the Net Banking password as contained in the Electronic Payment Gateway for Net Banking are complied with at all times.
  • Internet Frauds: The Internet per se is susceptible to a number of frauds, misuse, hacking and other actions, which could affect payment instructions given using Electronic Payment Gateway or the transactions done using Lābham. Whilst the Company shall aim to provide security to prevent the same, there cannot be any guarantee against such Internet frauds, hacking and other actions. User shall separately evolve/evaluate all risks arising out of the same.
  • Mistakes and Errors: The filling in of applicable data for transfer would require proper, accurate and complete details. In the event of user account receiving an incorrect credit by reason of a mistake committed by any third party, the concerned mutual fund/AMC or the bank shall be entitled to reverse the incorrect credit at any time whatsoever without the consent of the User. User shall be liable and responsible to accept any such instructions received from the AMC, without questions for any unfair or unjust gain obtained by the Company as a result of the same.
  • Technology Risks: The technology for enabling the transfer of funds and the other services offered by the Electronic Payment and Lābham could be affected by virus or other malicious, destructive or corrupting code, program or macro. Lābham Application or the bank may require maintenance and during such time it may not be possible to process the user request. This could result in delays in the processing of transactions/payment instructions or failure in the processing of transactions/payment instructions and other such failures and inability. User understand that the Company disclaims all and any liability, whether direct or indirect, whether arising out of loss of profit or otherwise arising out of any failure or inability by bank/mutual funds/AMCs to process any transaction/payment instructions for whatsoever reason. The Company shall not be responsible for any of the aforesaid risks.

  Limits: Lābham may from time to time impose maximum and minimum limits on funds that may be transferred by virtue of the payment transfer service given. User realize and accept and agree that the same is to reduce the risks of the user. User shall be bound by such limits imposed and shall strictly comply with them.

  Indemnity: User shall indemnify the Company from and against all losses and damages that may be caused as a consequence of breach of any of the Electronic Payment Gateway for net banking and the terms and conditions mentioned herein above.

  Authentication of the Transaction: User are authorized to make transaction only with and from the bank account(s) registered on Lābham. Banks has all the right to cancel, reject and/or unauthorize the transaction made by the user, from any other account, details of which is not registered or provided to Lābham. Such payment which is rejected by the banks shall be notified or intimated to the user, in the morning of the next business day.

  Transaction Verification: The transaction made by the user, whether approved or rejected, using the Lābham shall be subject to the following level of verifications:

  • Lābham: Transaction will be rejected in case the bank account though which the payment is made, is not registered with Lābham;
  • BSE/NSE: Transaction made from the bank account which is different from the account details provided by Lābham to BSE/NSE.
  • AMC: Final, rejection could be made by the AMC, upon receiving the transaction details.
  • Withdrawal of Facility: Lābham shall be entitled to withdraw this service at any time without assigning any reason whatsoever.

• FUNCTIONING OF LABHAM AND THE COMPANY

  Any information contained in Lābham and/or the Company’s brochures or other materials or otherwise communicated by Lābham and/or the Company shall not be construed as investment advice and that all decisions to purchase or sell units made by user shall be on the basis of personal judgment arrived at after due consideration. Lābham and/or the Company 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
  • Guarantee the redemption or repayment of any units on maturity; or
  • Guarantee 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 Lābham.

  Lābham and/or the Company does not make any promises to the user basis the graphical representation provided on the Application. The data collected from the user to calculate the prospective investments amount and is in relation to the past investment history of the user and shall not be construed as an authoritative advice to the user. Lābham and/or the Company does not offer any advice and nothing herein or on the Lābham Application shall be construed as investment advice by user.

  Any sum invested through Lābham Account is not a deposit with the Company and is not bank insured. The same is not endorsed or guaranteed and does not constitute obligations of the Company or any of the subsidiaries associates or affiliates companies whose role in only as described in these Terms.

• FEES AND CHARGES

  While currently, the Services offered by Lābham are free of transaction charges, user acknowledges that Lābham reserves the right to charge fees in the future for the Services or any other services offered by Lābham. Any such changes will be communicated by Lābham via email 30 days ahead of implementation, and will be displayed on the Lābham. Under such circumstances, user has the option to transfer its assets out of its Account without incurring any costs payable to Lābham.

  User agree and understand that any such charges/fees that Lābham may choose to levy will be in addition to those levied by the mutual funds, if any. All fees, charges and reimbursement of expenditure shall be paid or made in full by user without any counter claim, set off or withholding. All liabilities and obligations of the Client(s)/Customer(s) hereunder to Lābham/mutual fund/AMCs/trustees of the AMC shall be joint and/or several, as the case may be.

  For all investments made using Lābham, we charge the brokerages to the Asset Management Companies. The recommendations are not made on the basis of brokerage, and performance / fund details of all the mutual funds from competing AMCs are also provided to the user for reference.

• CONFIDENTIALITY

  You acknowledge that, in the course of Your relationship with Company and in using the services, you may obtain information relating to the Services and/or Company (“Proprietary Information”). Such Proprietary Information shall belong solely to Company and includes, but is not limited to, the features and mode of operation of the Services, trade secrets, know-how, inventions (whether or not patentable), techniques, processes, programs, ideas, algorithms, schematics, testing procedures, software design and architecture, computer code, internal documentation, design and function specifications, product requirements, problem reports, analysis and performance information, benchmarks, software documents, and other technical, business, product, plans and data. In regard to this Proprietary Information:

  You shall not use (except as expressly authorized by this Agreement) or disclose Proprietary Information without the prior written consent of Company unless such Proprietary Information becomes generally publicly available without your breach of this Agreement.

  You agree to take reasonable measures to maintain the Proprietary Information and Services in confidence.

• USE AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

  Lābham is protected by copyright, trademarks, patents, trade secret and/or other relevant intellectual property laws. No information, content or material from Lābham may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Company's express written permission. You are hereby given a limited licence to use the Lābham for your personal and non-commercial use, subject to your agreement of these Terms. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Lābham.

• PRIVACY

  You agree that during your use and access of the Lābham and/or availing of the services offered by the Lābham, you will provide Us with certain information and other data as mentioned under these Terms of Use herein which may or may not be otherwise publicly available. Please note that We respect the privacy and confidentiality of such data and the provisions pertaining to such private information and data as provided by You under these Terms of Use, are governed under the Privacy Policy which is available at https://labham.money/. By using and visiting the Lābham and availing Lābham Services, you also agree to our Privacy Policy.

• LIMITATION OF LIABILITY, INDEMNITY, AND WARRANTY

  You acknowledge that, in the course of Your relationship with Company and in using the services, you may obtain information relating to the services and/or Company (“Proprietary Information”). Such Proprietary Information shall belong solely to Company and includes, but is not limited to, the features and mode of operation of the Services, trade secrets, know-how, inventions (whether or not patentable), techniques, processes, programs, ideas, algorithms, schematics, testing procedures, software design and architecture, computer code, internal documentation, design and function specifications, product requirements, problem reports, analysis and performance information, benchmarks, software documents, and other technical, business, product, plans and data. In regard to this Proprietary Information in no event shall Company or its directors, employees, associates, partners, or suppliers will be liable to you for any loss or damage that may cause or arise from or in relation to these Terms of Use or due to use of this Lābham or due to investments made using this Lābham or availing any product or services from any third-party service provider.

  You agree to indemnify Company or its directors, employees, associates, partners or suppliers for all the liabilities (including claims, damages, suits or legal expenses in defending itself in relation to the foregoing) arising due to (i) use or misuse of the Lābham (ii) non-performance and/or non-observance of the duties and obligations under these Terms of Use or due to your acts or omissions (iii) any act, neglect, misconduct or fraud on your part.

  You warrant that all the details and information provided by you to Company or its directors, employees, associates, partners, or suppliers while using this Lābham (including for the purposes of carrying out investments) shall be updated, correct, accurate, complete and genuine.

  Investments in securities, mutual funds, and other financial products are subject to market risks. Lābham does not guarantee returns or outcomes from any investment product or service.

  You shall be solely responsible for any investment decision taken by You on the Services and Company shall not be liable for any loss or damage caused to you or other users of this Lābham due to such investment decision, or any kind of reliance upon it. You expressly agree that use of the Lābham is at your sole risk.

  To the fullest extent permissible pursuant to applicable law, Company and its directors, employees, associates, third-party partners or suppliers disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Company or through the Lābham will create any warranty or guarantee other than those expressly stated herein.

• FORCE MAJEURE

  If the whole or any part of the performance is prevented, hindered or delayed by a Force Majeure event (as defined below), Company shall not be liable for any failure to perform any of its obligations under these Terms of Use or those applicable specifically to its services/facilities, and in such case its obligations shall be suspended for so long as the Force Majeure event continues. “Force Majeure Event” means any event, due to any cause beyond the reasonable control of Company, including without limitations, unavailability of any communication systems, breach, or virus in the digital 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, lockdown, 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.

• SEVERABILITY

  All illegality, invalidity or unenforceability of any provision of these Terms of Use under the law of any jurisdiction will not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.

• INDEMNITY

  By using Lābham, User agrees to indemnify and defend Vikatan Wealth Private Limited, its directors, officers, consultants, and employees and hold them harmless from any and all claims and expenses, including attorney's fees, arising from user's misuse of Lābham or its Services.

• WAIVER

  No failure on the part of any party to exercise, and no delay on its part in exercising any right or remedy under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right

• ASSIGNMENT

  You agree that we may transfer, subcontract or otherwise deal with our rights and/or obligations under these Terms of Use at any time without any further notice. You agree that you cannot assign or otherwise transfer, subcontract the terms or any rights granted hereunder to any party.

• DISPUTE RESOLUTION

  Any dispute, controversy, claims or disagreement of any kind whatsoever between the parties in connection with or arising out of this Agreement shall be referred for arbitration, to a sole arbitrator appointed by Company, through arbitration to be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of such arbitration shall be at Chennai, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties.

• GOVERNING LAWS

  These Terms shall be governed, interpreted, and construed in accordance with the laws of India, without regard to the conflict of law provisions and for resolution of any dispute arising out of your use of the Services or in relation to these Terms. Notwithstanding the foregoing, you agree that (i) Company has the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by you shall be exclusively before the courts in Chennai, India.

• ENTIRE AGREEMENT

  These Terms, together with the other laws, guidelines, rules, (additional / supplemental) terms & conditions and/or policies of the Lābham, including the Privacy Policy, Cookie Policy, Disclaimer and any other arrangement/agreement in relation the Services, constitute the entire agreement between the User and the Us and supersede all previous agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, between the User and Us pertaining to the subject matter hereof.

• SURVIVAL

  Notwithstanding the termination or rescission of these Terms of Use, its provisions shall continue to apply to those duties and obligations which are intended to survive any such cancellation, termination or rescission, including, without limitation clauses related to Limitation of liability, Indemnity, Warranty, Intellectual Property, Confidentiality, Dispute Resolution, Governing Law and Jurisdiction. Further any provisions which by implication are to survive the termination shall survive such termination. Termination shall not abate the causes of action that have accrued to the parties prior to such termination.

• MODIFICATION OF TERMS

  Company reserves the right to change, amend, or modify, from time to time, any provision related to the Lābham (including Lābham Service(s)) or these Terms of Use, which also include, changing of the extent and scope of the services and/or include any other category, service, facility or feature at the sole discretion of the Company. Any such change(s) shall be effective immediately upon the posting of revised Terms and may be notified via Lābham. You can determine when these Terms of Use were last revised by referring to ‘LAST UPDATED’ at the top of these Terms. By using the services provided through this Lābham, you shall be deemed to have accepted the Terms herein including the amended Terms published on the Lābham from time to time. Your continued use of the Lābham following the posting of changes means that you accept and agree to the changes. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the Lābham. It is, further, clarified that the User’s use and access of the Lābham, the Service is subject to the most recent version of these Terms made available on the Lābham at the time of such use.

• BY USING LABHAM AND/OR AVAILAING SERVICES OF LABHAM OR THE COMPANY, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THESE TERMS OF USE.