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This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing among other things the Terms and Conditions for access or usage of www.takeoff.in.
Takeoff is an AMFI registered mutual fund distributor bearing registration number ARN: 169982. It is clarified that this Website is only for non-individuals and Takeoff is not rendering services of mutual fund. Takeoff is only providing a platform to its Users to facilitate the transaction of investment in mutual funds. If You buy mutual fund on the Website, Takeoff will receive brokerage commission from AMCs.
Takeoff shall only facilitate sale of mutual funds and shall not be liable in any manner with respect to the mutual fund units allotted to You by the AMC.
You acknowledge that Takeoff is a web service that allows You to avail the services directly from it for investment into mutual funds and information related thereto. Takeoff grants its Users a limited, non-exclusive, non-transferable, royalty free license to use the Website for the services being provided.
Use Takeoff to facilitate subscription and redemption of mutual funds units and instruct the relevant asset management company (hereinafter referred to as “AMC”), as per Your instructions;
Record and maintain Your personal information and financial transactions in a secure and confidential manner; and
Promptly and efficiently respond to Your queries relating to Your account.
Takeoff lists all the mutual fund schemes that are available in the market on this Website. You shall be solely responsible for any investment decisions and for the purchase of any mutual funds on the Website. The information provided by Takeoff does not constitute advice as it does not hold an investment advisory license and is not allowed to provide any investment related advice to the Users. In no event shall Takeoff, its management and assignees be liable to You or for any loss or damage that may be caused or may arise in relation to these Terms and Conditions or use of this Website or due to investments made using this Website.
By accepting the Terms and Conditions, You hereby represent that:
Subject to compliance with the Terms and Conditions, Takeoff hereby grants You a non-exclusive, limited privilege to access and use this Website. You agree to use the Website only for purposes that are permitted by the Terms and Conditions and in accordance with any applicable laws, regulations or generally accepted practices or guidelines.
You agree to not copy, reproduce, sell, redistribute, publish, enter into a database, displace, perform, modify, alter, transmit, license, transfer or in any manner exploit the information, content, materials, services available from or through use of Takeoff. You shall only use it for non-commercial use.
You agree that You will not use the Website in any manner or engage in any activity that may damage, disable or impair or adversely affect the website or interfere with any other user’s use, legal rights, or enjoyment of the website. You further agree to not remove any content, copyright or other proprietary information contained in the content available on the website.
As a User, you further undertake not to:
All information, content, materials, products, including but not limited to text, content, photographs, graphics, video and audio content and computer code for the Content of this Website and it is owned and controlled by Takeoff. The design, structure, selection, feel and arrangement of the Content is protected by copyright, patent and trademark laws and other various intellectual property rights in favour of Takeoff or third parties from whom the appropriate permissions have been taken under applicable laws.
The trademarks, logos and service marks as displayed on the Website are the property of Takeoff and its affiliates or other respective third parties, as the case may be. You are not permitted to use this intellectual property without the express prior written consent of Takeoff or the third party that owns this intellectual property.
As the User, You understand and accept that all information, except Your personal information or Your company’s information and other data submitted by You for the purposes of transacting on the Website, through the Website shall be deemed the property of Takeoff, and Takeoff shall be free to use any ideas, concepts, know-how or techniques provided by You on the Website, in any manner whatsoever. On initiating contact or submitting a query through the Website, You agree to be contacted by Takeoff, or its management or any other entities with whom Takeoff has entered into an arrangement for the services being provided to You.
You expressly understand and agree (as per applicable laws) that the Website and other Content as is provided by Takeoff is on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness or a particular purpose. Without limiting the foregoing, Takeoff makes no warranty that
Takeoff shall have no liability related to any user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Takeoff also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content. Takeoff shall not be liable for any loss that You may incur as a consequence of unauthorized use of Your account or account information in connection with the Website or the services either with or without knowledge.
Takeoff and its affiliates have taken all reasonable steps to ensure that all the information available on the Website is true and correct. Neither Takeoff nor its affiliates warrant nor make any representations regarding the quality, accuracy or completeness of any data, information regarding the Website services otherwise. Takeoff shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. You understand that the figures are for representational purposes only and do not offer any guarantees. The figures have been calculated based on historical returns of performing mutual funds. Further, Takeoff shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Takeoff’s control. Takeoff is not liable or responsible and does not represent or warrant for any damages regarding non-execution of orders, but not being limited to, any link/system failure which may occur at the end of client, Takeoff or the exchange platform. You understand and agree that any material or data downloaded or otherwise obtained through the Website is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.
You acknowledge that the software and hardware underlying this Website as well as other internet related software which are required for accessing the Website are legal property of the respective vendors. The permission given by Takeoff to access the Website will not convey any proprietary or ownership rights in the above software/ hardware for You.
Only startups, partnerships, LLPs, companies, proprietorship, trusts or any other non-individual that are registered in India can avail the services being provided by Takeoff.
Takeoff shall not be liable for any failure or error of any transaction on the Website or for any failure on part of Takeoff to perform its obligations under these Terms and Conditions if performance is prevented, hindered or delayed by a Force Majeure event (as defined hereinbelow) and in such case its obligations under these Terms and Conditions shall be suspended so long as the Force Majeure event continues.
Force Majeure event means: any event due to any cause beyond the reasonable control of Takeoff, including without limitations, unavailability of any communication systems, breach, or virus in the processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of god, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.
Further, You will not dispute or hold Takeoff responsible for:
Indemnity: You agree to indemnify Takeoff, its directors and employees from any losses, damages, penalties, claims, costs and demands arising out of breach or non-performance and/or non-observance of the duties and obligations, representations, warranties and covenants under the Terms and Conditions or due to your acts or omissions. There could be loss of data or delay in dissemination of updates due to technical glitches like a server failure or hacking attack. The Company shall not be responsible in such an event. You further agree to hold Takeoff harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms and Conditions, or Your violation of any rights of another, including any intellectual property rights. In no event shall Takeoff and its officers, partners, consultants, agents and employees, be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Website or Content on the Website. The limitations and exclusions in the Terms and Conditions apply to the maximum extent permitted by applicable laws.
You warrant that all details and information provided by You while using this Website are correct and accurate. You further warrant that providing or sharing such details and information on the Website shall not violate any third- party rights or the intellectual property of any third party.
You shall be solely responsible for any investment decision. Investments in mutual funds are subject to market risks, please read all investments, offer and scheme-related documents carefully, before investing. For the purposes of these Terms and Conditions, the term “Offer Document(s)” shall refer collectively to Offer Document, Scheme Information Document, Statement of Additional Information, Key Information Memorandum, and any other information or documentation issued by the AMC that manages the mutual fund. You agree that not all of this information or documentation may be available to You on this Website, and it is Your responsibility to obtain access to these documents from the AMC. Further, You understand that past performance is not indicative of future returns.
Further, Takeoff cannot be held responsible for any losses incurred due to the investment decisions made by You. Opinions and views expressed by Takeoff, or any of its employees, associates and websites should be solely considered as information and educational content and not as investment advice. Takeoff, its management or associates are not liable for losses (if any) incurred due to investments made on the basis of the suggestions provided on the website.
In order to access the Website services, You will be required to create Your account on the Website and You will have to provide the following details: official email address, password, and contact number and other information as may be required by Takeoff from time to time.
In order to carry out investments, You will have to separately fulfil the registration requirements. For the investor registration process You will have to provide the following information: company name, contact number, official email address, registered office address, PAN, signature, cancelled cheque etc. Takeoff may require You to submit more information from time to time. Your investor account will be activated once Takeoff is satisfied that You are in compliance with the KYC Guidelines of SEBI.
Takeoff may also ask You for certain financial information, including Your billing address, bank account details, credit card number, expiration date to information on other payment methods, or other standing instructions to process the payments for the Website services. Takeoff may ask You to provide certain additional information about Your company on a case-to-case basis. You shall ensure and confirm that all the account information provided by You is complete, accurate and up-to-date. If there is any change in the account information, You shall promptly update Your account information on the Website. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if Takeoff has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then Takeoff has the right to suspend or terminate Your account and refuse any and all current or future use of the Website (or any portion thereof) at its discretion, in addition to any right that Takeoff may have against You at law or in equity, for any misrepresentation of information provided by You.
You will be responsible for maintaining the confidentiality of the account information and are fully responsible for all activities that occur on Your account and also agree to keep Your login credentials safe and confidential at all times. You will promptly change Your login credentials and inform Takeoff immediately in case of any actual or suspected unauthorized use of Your account. Takeoff shall not be liable for any loss or damage arising from Your failure to comply with this clause. You may be held liable for losses incurred by Takeoff or any other user or visitor to the Website due to unauthorized or authorized use of Your account as a result of Your failure in keeping Your account information secure and confidential.
Any violation by You of these Terms and Conditions will constitute an unlawful and unfair business practice, and in the event it causes irreparable harm to Takeoff, for which monetary damages would be inadequate, You consent that Takeoff may obtain any injunctive or equitable relief that it may deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that Takeoff may have at law or in equity. If Takeoff takes any legal action against You as a result of Your violation of these Terms and Conditions, they will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.
These Terms and Conditions will continue to apply until terminated by either You or Takeoff. If You object to the Terms and Conditions or are dissatisfied with the Website, Your only recourse is to stop accessing the Website or close Your account. In case of any violation of the Terms and Conditions or of applicable laws, Takeoff may at any time, terminate or suspend Your account and/or prevent you from accessing the Website and the services offered.
Takeoff may delist You or block Your future access to the Website or suspend or terminate Your account if it believes, in its sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms and Conditions or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms and Conditions will survive indefinitely unless and until Takeoff chooses to terminate them. If You or Takeoff terminate Your use of the Website, Takeoff may delete any content or other materials relating to Your and Takeoff shall have no liability to You or any third party for doing so. However, Your transactions details may be preserved by Takeoff for purposes of tax or regulatory compliance.
It will take 1-3 working days before the successful transfer of amount to the AMC is reflected in the account. Takeoff only facilitates the transaction, the ultimate transaction is between the NSE/BSE, AMC and the investor/ User. Takeoff cannot be held liable for any delay in reflection of the transfer or credit of the mutual fund units.
All transactions will be completed only after successful money transfer to the AMC from Your registered bank account. Takeoff shall not be liable for any refunds. Refund with respect to any failure to reflect the mutual fund in your account shall be as per the terms of the relevant AMC.
The Terms and Conditions shall be governed and construed in accordance with the laws of India. All disputes arising in relation to use of the Website, Terms and Conditions and against Takeoff shall be subject to the exclusive jurisdiction of courts at Hyderabad.
Investment in the securities market (including mutual fund investments) are subject to market risks, please read all investments, offer and scheme-related documents carefully, before investing.
There are certain risks associated with utilizing a short messaging system (“SMS”)/ email/ notification/WhatsApp based information and research services. These services can fail due to failure of hardware, software, and Internet connection. While Takeoff ensures that the messages are delivered in time to the users/subscribers Mobile Network, the delivery of these messages to the customer's mobile phone/handset is the sole responsibility of the customer's Mobile Network and any issues relating to the same can only be addressed by the customer's Mobile Network. The website and the Company cannot be held responsible for the same.
Takeoff reserves the right to create any WhatsApp groups through its representatives (hereinafter referred to as “Group Admin”) who are expressly authorized to control, monitor and administer the WhatsApp groups on its behalf. Your usage, participation shall be subject to certain terms. You shall not:
Report Abuse: In the event You come across any abuse or violation of these Terms and Conditions or become aware of any objectionable content on this Website, please report the same to the following: firstname.lastname@example.org.
Communication: You hereby expressly agree to receive communication (including transactional messages) or by way of SMS and/or E-mail or through WhatsApp from Takeoff or any third party in connection with the Website services or Your registration on the Website. You can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by email Us at email@example.com.
Notices: All notices will be sent from Your registered email address to Takeoff on firstname.lastname@example.org.