Terms and Conditions
1. General Terms
- These terms and conditions (“Terms”) contain important information pertaining to your trading and demat accounts with WealthyIN Broking Private Limited and WealthyIN Customer Services Private Limited (hereinafter collectively referred to as “WealthyIN'', “our” or “us”). The Terms govern the relationship between us and you, the user (“You” or “Client”). Trading in the Cash, Equity Derivatives and Debt segments of the BSE and NSE is enabled through WealthyIN Broking Private Limited, a trading member of the Bombay Stock Exchange (“BSE”) and National Stock Exchange (“NSE”, together “Exchanges”) registered with the Securities & Exchange Board of India ("SEBI") having Registration Number INZ000308532. The Depository services for your account are enabled through WealthyIN Broking Private Limited, a Depository Participant with CDSL having SEBI Registration no: IN-DP- 737-2022
- The website and the mobile applications named “Wealthy”; Website and Apps collectively referred to as the “Platform”) is owned, operated and maintained by WealthyIN Broking Private Limited, a Company incorporated under the Companies Act 2013 with CIN - U67110KA2022PTC159371, having its registered office at PN Plaza, 1090/B, Ground Floor, 18th Cross Road, 3rd Sector, HSR Layout, Bengaluru - 560 102, Karnataka, India
- These Terms shall govern the relationship between WealthyIN and its clients (hereinafter “Client”, “you”, or “your”). Access to, and usage of your account and the Platform is subject to your compliance with the Terms set forth herein, read with the Policies & Procedures, and any other documents as may be applicable. This includes but is not limited to the various application forms and undertakings signed by you at the time of opening your account(s). Please note that the information contained herein is subject to change without notice. Please read this page carefully and retain it for future reference. You agree to all changes to the Terms without specific communication from WealthyIN, by Your continuing usage of the Platform and/or continuing to hold an account with WealthyIN.
2. Disclaimer
- The Client understands and agrees that all investment and/or trading decisions are based on the Client's own investment objectives and evaluation of prevailing financial circumstances. This extends to all decisions made by the Client based on any information that may be available on the Platform. The Client understands that WealthyIN is merely a facilitator providing access to its clients to participate in the financial markets, and that WealthyIN does not seek to influence or otherwise affect the decision-making process of its clients in any way whatsoever.
- The Client shall not hold nor seek to hold WealthyIN or any of its officers, directors, partners, employees, agents, subsidiaries, affiliates or business associates liable for any trading losses or damages incurred as a consequence of relying upon any information, opinions, advice or any other material whatsoever on the Platform or in any brochures, promotional material or any other literature promulgated by WealthyIN or any of its affiliates or partners.
- The Client shall seek independent advice from professionals on the suitability of any investment decisions. The Client acknowledges that employees and representatives of WealthyIN are not authorised to give any such advice, and that the Client shall not solicit or rely upon any such advice from WealthyIN or any of its employees or representatives. Any advice of this nature inadvertently given by any employee or representative of WealthyIN shall strictly be construed as being in their personal capacity, and WealthyIN disclaims any liabilities arising thereto
3. Account opening and registration
- Before availing of any online trading services on the Platform, the Client is required to complete WealthyIN’s registration process, as may be prescribed from time to time. To register yourself, you are required to follow the procedure mentioned on the Platform, along with any instructions communicated to you by WealthyIN’s employees or representatives. Your account shall be opened after submission of the requisite documentation and its verification and at the sole discretion of WealthyIN.
- Online account opening using Aadhaar is currently available only for residents of India opening individual accounts, where the person’s mobile number is linked to the Aadhaar. This is not permissible for non-residents or for any manner of non- individual accounts (HUFs, companies, LLPs, partnerships, etc.).
- In case of online account opening using Aadhaar, data will be fetched from the KYC database and cannot be edited
- Any pickup of the required documentation pertaining to the account opening procedure is subject to the availability of our representatives at any time and location.
4. Account security and passwords
- WealthyIN shall provide each Client with a unique ID and password, enabling them to access online trading facilities through the Platform, over the telephone, or in any other manner permitted by WealthyIN. WealthyIN shall also provide the Client with the login credentials to its back-office platform, providing the Client access to various reports and statements. All terms regarding the use, reset and modification of such login credentials shall be governed by these Terms, as well as by any other relevant information on the Platform.
- The trading terminal system on our Platform has a stringent two-factor authentication (“2FA”) secure system for every Client to access their accounts. This includes (i) entry of the Client ID and password; and (ii)App generated PIN, This 2FA mechanism is in place in compliance with the SEBI and Stock Exchange guidelines on internet-based trading.
- A link to create a password & 2FA credentials is sent to all Clients along with the welcome email at the time of account opening. Such password and 2FA credentials set by each Client, will be unique to them, and is not known to anyone else. Passwords and 2FA credentials are privileged and confidential information and must be kept in strict confidentiality by each Client. These login credentials should not be shared with any third parties whatsoever
- As per instructions from SEBI & the Depositories, we are required to perform 2FA verification for all sell transactions where securities are debited from demat accounts using the Online DIS route. Therefore, the CDSL TPIN set by you will be required to be input each time a debit/sell transaction is initiated on the Platform from your holdings. This will be required only if the Online DIS route is being used, and not if you have submitted the physical Power of Attorney (available here).
- In case of Call & trade facilities over the telephone, Clients are required to mention their Client ID, PAN No., Registered Mobile No. as a part of verification before executing any trade.
- You may reset passwords at any point in time by selecting the ‘Forgot Password’ link under the ‘Login’ tab of the Website or the Wealthy app. A reset link is immediately sent to your registered email ID upon this link being selected. A new unique password is required to be created for you to gain access to your trading account on the Platform.
- The Client acknowledges that they shall be responsible for maintaining their Client ID and password in a secure and confidential manner. Clients shall solely be responsible for all orders entered and transactions executed on the Platform using their login credentials, irrespective of whether the person executing such transactions were authorised to do so or not. WealthyIN assumes no responsibility whatsoever for any liabilities arising out of unauthorised access to a client’s password or 2FA login credentials.
- The Client acknowledges that they are fully aware of and understand the risks associated with online trading services, including the risk of misuse and unauthorised access to their client ID, password or login credentials by third parties. The Client also acknowledges the risk of third parties hacking into their Client ID on WealthyIN’s platform and unauthorisedly routing orders on behalf of the Client through the System
- Without prejudice to the provisions above, Clients agree to immediately inform WealthyIN in writing if they suspect or discover any unauthorised use of the Client’s ID, password or 2FA credentials, or notice any discrepancies that may be attributable to such unauthorised access or discover a security flaw in WealthyIN’s online trading system available on the Platform (“Online Trading System”). Clients shall provide WealthyIN with complete details of such unauthorised use, including the date of such unauthorised use, the way it occurred, the transactions effected pursuant to such unauthorised use, etc. Clients also agree to inform WealthyIN immediately if they are unable to retrieve their password or 2FA login credentials even after going through with the ‘Forgot Password” reset procedure.
- Clients agree to notify WealthyIN immediately on a priority basis in case they discover any security flaws or vulnerabilities in the Platform or any other components of the Platform.
5. Orders
- All orders and instructions routed through WealthyIN’s Platform via the Client’s ID, including but not limited to those for purchase, sale, and pledge of any securities, shall be deemed to have been made by the Client.
- WealthyIN shall in no way be responsible for any orders entered by the Client by mistake on the Platform. Every order entered by the Client through their Client IDs shall be deemed to be a valid order, for which the Client shall bear full responsibility.
- While placing orders on the telephone, the Client agrees to provide information relating to the Client ID, PAN no. and Registered mobile no. and any other information that may be required to determine the identity of the Client.
- Although orders are usually routed to the Exchange’s computer systems within a few seconds of the order being placed by the Client on the Platform, WealthyIN shall not be liable for any delays in the execution of any order, or for any resultant losses on account of such delays.
- In case of a market order placed on the Platform, the Client understands that the price received shall be the price at which the order is executed by the Exchange’s computer system and that such price may be different from the prevailing price the security was trading at when the order was entered on the Platform.
- The Client understands that all orders placed on the Platform shall be forwarded to the Exchange. In the event the order is placed during trading hours, it shall immediately be routed to and executed on the Exchange, subject to the availability of counterparties. The Client understands that WealthyIN does not exercise control over the execution of any orders that have already been sent to the Exchange. Fulfilment of all orders is subject to the vagaries of the market.
- WealthyIN cannot guarantee the cancellation or modification of an order pursuant to a client’s request to that effect. The order will be cancelled or modified only if the Client’s request for cancellation or modification is received by the Exchange before it is executed. Market orders are usually subject to immediate execution.
- The Client shall not presume an order to have been executed, cancelled, or modified until a confirmation from WealthyIN is received. Sometimes, due to technical or administrative reasons, a confirmation may not be immediately transmitted to or received by a client. Such delay does not imply that the order has been executed, cancelled, or modified, unless WealthyIN confirms so to the Client in writing
- WealthyIN may, from time to time impose or vary limitations on the orders or instructions the Client may place on the Platform. Such limitations include, but are not restricted to exposure limits, turnover limits, limits on the number, value and/or types of securities for which orders may be placed, scrips in respect of which orders can be placed, etc. The Client is aware that WealthyIN may need to vary or increase such limitation, or impose new limitations altogether on an urgent basis, based on WealthyIN’s assessment of the risk involved and such other factors WealthyIN may consider relevant. The Client understands and agrees that WealthyIN may at any time, at its sole discretion and without prior notice, prohibit or restrict the Client’s ability to place orders or trade in securities through WealthyIN
- The Client understands that WealthyIN may be unable to inform the Client of any such variations, reductions, or impositions in advance. The Client agrees that WealthyIN shall not be liable to the Client for any losses resulting from such variations, reductions, or impositions, or for the Client’s inability to route any order through the Platform. The Client understands and agrees that WealthyIN may at any time, at its sole discretion and without prior notice, prohibit or restrict the Client’s ability to place orders or trade in any securities on the Platform.
- WealthyIN may, at its sole discretion, reject any order on the Platform for any reason whatsoever, including but not limited to the non-availability of funds in the Client’s trading account, non-availability of securities in the Client’s Demat account, insufficient margin amounts, suspension of scrip- specific trading activities by or on an Exchange, and applicability of circuit breakers to a scrip for which orders have been placed. The Client agrees that if an order is not accepted on the Platform for any reason, WealthyIN shall have the right to treat such order as having lapsed.
- The Client understands that if, for any circumstance or for any reason, the markets close before the acceptance by the Exchange of any order, such order may be rejected. The Client further agrees that WealthyIN may reject any orders that are being rejected by the Exchange. In case of rejection of an order due to rejection by the Exchange, the Client agrees that the order shall remain declined and shall not be reprocessed in any circumstance.
- Without prejudice to the provisions above, WealthyIN may at its sole discretion permit the execution of any orders, irrespective of the balance amount in the Client’s account. This may subsequently be recovered by WealthyIN during settlement
- Pending orders shall be handled as per exchange systems and norms after the market closes for the day.
6. Trading and settlement
- The Client agrees that all orders placed through the Online Trading System shall be forwarded by the Online Trading System to the Exchange. All orders placed otherwise than through the Online Trading System shall be forwarded by the system to Exchange terminals or any other order execution mechanism at the discretion of WealthyIN. If the order is placed during trading hours, it shall be routed to and executed on the market system.
- Upon execution of any order at the Exchange, WealthyIN shall send the Client an electronic contract note as a confirmation via email. This shall be sent within 24 hours of the trade, subject to receipt of files from the Exchange. This shall be deemed to be valid delivery thereof by WealthyIN. It is the responsibility of the Client to review immediately upon receipt, all such order confirmations, and to follow up with WealthyIN in case such order confirmations are not received within a stipulated time.
- The Client shall immediately bring to WealthyIN’s notice errors in any reports, statements, or contract notes of any executed trades, including but not limited to errors in execution prices, scrips, or quantities of securities. Any such discrepancies shall be notified by the Client to WealthyIN in writing by email within 24 hours of receipt of such erroneous reports, statements, or contract notes. In all cases, WealthyIN shall have the right to accept or reject the Client’s objections
- The Client acknowledges that there may be a delay in the receipt of transaction status reports or statements from the respective Exchanges by WealthyIN. Accordingly, WealthyIN may forward such delayed reports or statements to the Client in respect of such transactions that were previously unreported. The Client shall not hold WealthyIN responsible for any losses suffered on account of such delayed reports or statements or for any errors in such reports or statements computed by or received from any Exchange.
- The Client is aware and acknowledges that the electronic trading systems at the Exchange as well as at the WealthyIN offices are vulnerable to temporary disruptions, breakdowns, or failures. If such disruptions, breakdowns, or failures transpire due to the breakdown of the system or disconnection of a network link, WealthyIN may cancel any or all the Client’s orders or transactions on the Platform. WealthyIN may also be unable to cancel orders, and the Client may be unable to place, cancel or modify orders on the Platform. In such an event, WealthyIN shall not bear responsibility for any losses that may be incurred by the Client due to such eventualities.
- WealthyIN shall, within 24 hours of execution of any trade or promptly as and when available from any other market participant, issue a contract note as per the terms of the SEBI (Brokers and Sub-Brokers) Rules and Regulations, 1992. The Client agrees that WealthyIN shall, in most cases, issue contract notes in digital form, which shall be sent by way of email to the email address provided by the Client.
- The Client agrees that if, for any circumstance or for any reason, the markets close before the acceptance of the Order by the Exchange, the order may be rejected. The Client agrees further, that WealthyIN may reject Orders if the same are rejected by the Exchange for any reason. In case of rejection of an order due to rejection by the Exchange, the client agrees that the order shall remain declined and shall not be re- processed, in any event. Any such orders shall be considered as lapsed.
- WealthyIN may, at its sole discretion, reject any order placed on the Platform or in any other manner due to any reason, including but not limited to the non-availability of funds in the trading account of the client, non-availability of securities in the demat account of the Client with a designated depository participant, insufficiency of margin amount if the Client has opted for margin trading, suspension of scrip- specific trading activities by or on an Exchange and the applicability of a circuit breaker to a scrip in which orders are placed
- WealthyIN shall not be responsible for the non-receipt of communication pertaining to trade confirmation due to any changes in the correspondence address or contact details of the Client that was not intimated to WealthyIN in writing. It is the Client’s responsibility to review all trade confirmations, contract notes, invoices, and statements of account immediately upon receipt. The correctness of all such communication shall be deemed to be accepted if the Client does not object to WealthyIN in writing within 24 hours of receipt of such communication
- The Client agrees that WealthyIN may impose scrip wise surveillance, scrip wise limits, conditional trading or such other conditions as may be required for the purposes of risk management. The Client also understands that WealthyIN may impose surveillance measures that may differ from client to client, based on WealthyIN’s assessment of the risk involved and such other factors WealthyIN may consider relevant. This includes but is not limited to allowing/disallowing Clients from trading in any security or class of securities, derivatives contracts, leveraged trades etc
- All orders and instructions on the Platform, the transactions executed pursuant thereto, and the settlement of such transactions thereof shall be in accordance with the guidelines and provisions laid down by the SEBI and the relevant Exchanges. Clients agree to abide and be bound by all the relevant guidelines and provisions in force governing WealthyIN’s Platform and Clients’ usage thereof
- Cancellation or modification of an order pursuant to the Client’s request on that behalf is not guaranteed. The order may be cancelled or modified only if the Client’s request for cancellation and modification is received, and the order is successfully cancelled or modified before it is executed. Market orders are subject to immediate execution wherever possible
7. Margin
- The Client agrees and undertakes to immediately deposit with WealthyIN such cash, securities, or any acceptable security which WealthyIN may require as margin. The Client agrees that WealthyIN may require the Client to deposit with WealthyIN a higher margin than that prescribed by the Exchange. WealthyIN may also require the Client to keep permanently with WealthyIN a margin of a value specified by WealthyIN, for the entire duration of time the Client desires to avail of Online Trading Service on the Platform. The Client acknowledges that the margin shall not be interest-bearing
- WealthyIN shall, at its sole discretion, have the irrevocable right to set off a part or entirety of the margin i.e.- by way of appropriating the relevant amount of cash or by sale or transfer of all or some of the securities which form part of the margin, against any dues of the Client or of any member of the Group of the Client (for the purposes of these Terms, "Group" shall mean all the individuals, group companies, firms, entities and persons specified in the schedule to the Member Client Agreement signed at the time of account opening) in the event of the failure of the Client or a member of the Group of the Client to meet any of their respective obligations under these Terms
- The Client authorises WealthyIN to determine the market value of all securities placed as margin after applying a haircut that WealthyIN may deem appropriate. The Client undertakes to monitor the market value of such securities on a continuous basis. The Client further undertakes to immediately replenish any shortfall in the value of the margin consequent to a fall in the market value of such securities placed as margin, whether WealthyIN intimates the Client of such shortfall.
- WealthyIN may at its sole discretion prescribe the payment of margin in the form of cash, instead of or in addition to margin in the form of securities. The Client agrees to immediately comply with any such requirements communicated by WealthyIN regarding payment of margin in the form of cash.
- Without prejudice to any of WealthyIN’s other rights, WealthyIN shall be entitled to liquidate or close out any or all the Client's positions for non-payment of margins or outstanding debts. The proceeds of such liquidation or close outs, if any, shall be adjusted against the Client's liabilities and obligations. All losses and financial charges on account of such liquidation or closing-out shall be charged to and borne by the Client.
- The Client agrees to abide by the exposure limits, as set from time to time by WealthyIN, the Exchange, the Clearing Corporation or SEBI
- The Client is aware that WealthyIN is required to deposit sufficient margin with the Exchange to enable all its eligible clients to trade, subject to such limits as may be imposed. However, there may be times of extreme volatility wherein the deposits made by WealthyIN with the Exchange may not be sufficient to cover the positions of all its clients. In such circumstances, WealthyIN’s trading terminals may be temporarily suspended on account of the cumulative effect of shortfall of margin obligations by various Clients. In these circumstances, no Client shall have the right to claim any damages from WealthyIN for any losses that they might incur on account of such suspension of trading.
- The Client agrees that any securities or cash placed as margin with WealthyIN may in turn be placed as margin by WealthyIN with the Exchanges, banks, clearing corporations or any other institutions that WealthyIN may deem fit. The Client authorises WealthyIN to do all such acts and deeds that may be necessary for placing such securities or cash with the Exchanges/banks/clearing corporations/other institutions as margins.
- Any reference in these Terms to sale or transfer of securities by WealthyIN shall be deemed to include sale of securities that form part of the margin maintained by the Client with WealthyIN. In exercise of WealthyIN's right to sell securities under these Terms, the Client agrees that the choice of specific securities to be sold shall be solely at the discretion of WealthyIN
8. Maintenance of trading account
- Money pay-in to WealthyIN: The Client agrees that all payments due to WealthyIN shall be made within the specified time-period, and in the event of any delay, WealthyIN may refuse, at our discretion, to carry out any transactions or close out any positions. Losses or costs, if any, incurred thereof shall be borne solely and completely by the Client. All payments made to WealthyIN shall be from the Client’s account(s) registered with WealthyIN. No payments shall be made to WealthyIN from: (i) any Client bank accounts not registered with WealthyIN; or (ii) any bank accounts belonging to any third parties
- Money payout by WealthyIN: Notwithstanding anything contained in any other agreement or arrangement between the Client and WealthyIN (if any), the Client hereby authorises WealthyIN to release all payments due to the Client from the trading account maintained on the Platform, against a specific request made by the Client to this effect.
- Securities pay-in to WealthyIN: Delivery of all securities required for fulfilment of trades must be made from the Client to WealthyIN within 24 hours of execution of the sale order, or one day before the pay-in date, whichever is earlier. The Client shall solely be responsible for reimbursing WealthyIN for any losses that may accrue to WealthyIN in the event of a default in delivery of the securities by WealthyIN to the Exchange, which in turn are attributable to any delays in delivery of the securities by the Client to WealthyIN. Losses for the purposes of this clause shall include, but not be restricted to auction debits and penalty charges incurred by WealthyIN because of non-delivery of securities on the Exchange on the settlement date. In the event the Client has sold any securities on the Platform against purchases made in previous settlements, such sales shall solely be at the risk of the Client. The Client understands that such trades run the risk of short delivery of securities and subsequent auction debits and penalties levied by the relevant Exchange
- Securities payout by WealthyIN: WealthyIN is entitled to directly credit the demat account of the Client or maintain the trading account of the Client on the Platform on a running account basis.
- No securities belonging to any third parties shall be sold or otherwise transacted upon by the Client through their trading account on the Platform. The Client shall bear sole responsibility for any violations of this clause, including penal action by the SEBI or the Exchanges.
- In the event the Client places an order on the Platform for securities in the no- delivery period, such securities shall be credited to the Client account only at the designated time for settlement of trades as per the schedule notified by the Exchange.
- If any sums of money are due from the Client to WealthyIN, the Client authorises WealthyIN to withhold the credit of any securities to the Client account until the relevant sums of money are provided by the Client to WealthyIN in order to fulfil their obligations under these Terms
- WealthyIN is entitled to consider any cash or security available with it that is lying to the credit of the Client as margin received from the Client.
9. Investment in mutual funds
- Wealthy is an order collection platform that collects orders on behalf of Clients and places these orders on the BSE StarMF platform for execution. The Client expressly agrees that WealthyIN is not liable or responsible for any damages arising from non- execution or incorrect execution of orders and that WealthyIN does not make any representations or warranties regarding the successful execution of any such orders. A few issues may arise at the end of the Client, WealthyIN or the Exchange. Such issues include but are not restricted to internet link failures, system failures, insufficient funds in the trading account of the Client, etc.
- The funds required for mutual fund purchases on Wealthy are debited directly from the Client’s bank account, and not from the Client’s fund balance available on the Platform
10. Fees and brokerage
- The Client agrees to pay WealthyIN all brokerages, transaction charges, commissions, fees, GST, and other taxes or levies, by whatever name so called, as informed to the Client by WealthyIN from time to time in writing. WealthyIN shall be entitled to deduct such fees or levies from the Client’s account or trading ledger, in lieu of the services received by the Client from WealthyIN.
- All brokerages, transaction charges, commissions and fees listed on WealthyIN's Platform are subject to change from time to time, in compliance with the rules prescribed by the Exchanges and SEBI, and at WealthyIN’s discretion as per its business practices. WealthyIN shall notify the Client with details of any changes with respect to such brokerages, transaction charges, commissions, and fees, along with the dates upon which such charges shall become effective. WealthyIN shall inform Clients of any such changes through an email and/or SMS sent to the Client’s registered email ID and contact number.
- An updated schedule of brokerages, transaction charges, commissions, and fees applicable for the various services provided by WealthyIN on the Platform is available here
11. Client account termination and suspension
- There may be circumstances, including but not limited to the breach of applicable law and the Terms, wherein WealthyIN will be required to suspend/terminate services offered to the Client, which will prevent the Client from utilising certain/all/any features available on the Platform.
- Upon suspension/termination of WealthyIN’s services, regardless of the reason(s), the Client’s right to use the services immediately ceases. WealthyIN will not be liable to the Client or any third party for any claims or damages arising out of any suspension/ termination of services, or any other actions taken in connection with such suspension/termination
- The right of WealthyIN to terminate or suspend the Client’s account is in addition to any remedy or obligation prescribed by applicable law. If the Client is aggrieved by any act of WealthyIN in this regard, the Client may write to WealthyIN as per the grievance redressal policy as laid down in these Terms, with supporting documentation/evidence. WealthyIN may deal with the grievance in accordance with applicable law. The decision of WealthyIN to reinstate services is final.
12. Representations and warranties:
- Clients represent and warrant to WealthyIN the following:
- They are capable of being a valid counterparty to these Terms, including but not limited to being of 18 years, and not barred by any law from accessing the Platform or any services offered by WealthyIN, and that these Terms are not in contravention to the rights of any party with whom such Client has any agreements, at any time prior to agreeing to these Terms and while continuing to using the Platform and availing WealthyIN services.
- They shall always provide WealthyIN with valid and updated personal/corporate details about themselves that WealthyIN may require, including documentary proof thereof. Such details include but are not restricted to PAN Number and Unique Identification Number issued by SEBI. The Client warrants to WealthyIN that all such details represented to WealthyIN are factually true
- All securities deposited by the Client with WealthyIN, whether in respect of margin requirements or otherwise, are owned by the Client, and the title thereof is clear and free of encumbrances
- The Client has made efforts to make themselves aware of the various risks associated with executing transactions on the various Exchanges, and particularly the risks involved in online trading via the internet on the Platform. The Client agrees not to pursue any claims against the Exchange or WealthyIN on account of any suspension, interruption, non-availability or malfunctioning of the online trading system of the Exchange, or of WealthyIN’s Platform, for any reasons whatsoever.
- The Client shall always ensure the security and confidentiality of their account password and 2FA credentials and shall undertake not to reveal these details to any unauthorised persons or third parties.
- The Client shall bear full responsibility for all orders entered onto the Platform through their account.
- WealthyIN represents and warrants to the Client that it has complied with and shall continue to comply with all statutory and regulatory directions to offer internet trading services on the Platform in the cash as well as derivatives segment of the various Exchanges.
13. Intellectual Property:
- All intellectual property, including in relation to the Platforms, including any software, techniques and processes used, and any trademarks, logos, images, material, content, designs, information, and other content available on the Platform belongs exclusively to WealthyIN or is licensed to WealthyIN. By no means is any proprietary right or license in any intellectual property impliedly or expressly granted by WealthyIN to the Client or any other user of the Platform (together “Users”) through the User’s use of the Platform.
- You shall not copy, decompile, reverse engineer, or otherwise attempt to discover any source code, license, use or assign any intellectual property in the Platform, copy any logos, brand names, marketing or branding material or pictures from the Platform, remove any copyright and other proprietary notices contained in any content on the Platform, or use spiders, crawlers or robots for the purpose of accessing the Platform, or any content on the Platform.
- Any unauthorized use of WealthyIN’s intellectual property rights in connection with any other good, service or offering will constitute an infringement of the intellectual property rights of WealthyIN and may be actionable under the applicable laws.
14. Client Content and Platform Use
- The User is responsible for all the content that they post, upload, modify, publish, transmit, or share on the Platform (including with respect to its appropriateness, legitimacy, lawfulness, and ownership) and must ensure that the content posted is in conformity with these Terms and applicable laws. Further, WealthyIN is committed to protecting the principles of equality, free speech, privacy, and personal liberty applicable to all Users of the Platform. However, the User shall not upload, modify, publish, transmit, or share any information or content that:
- does not belong to the User/User does not have any right to,
- is obscene, pornographic, paedophilic, or invading another’s privacy,
- is harmful to children, is insulting or harassing based on gender, or is racially or ethnically objectionable,
- is relating to or encouraging money laundering or gambling, or an online game that causes user harm,
- is an online game that is not verified as a permissible online game,
- is promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence,
- infringes any intellectual property rights, other proprietary rights, or any law in force,
- deceives or misleads the addressee about the origin of a message or knowingly and intentionally provides any misinformation or false information,
- is identified as fake or false or misleading by a fact check unit of the Indian Government, in relation to any business of the Indian government,
- is an advertisement, surrogate advertisement, or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game,
- impersonates another person,
- threatens unity, integrity, defence, safety, security or sovereignty of India, friendly relations with other states or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation,
- contains anything to intentionally harm a computer resource, such as viruses,
- is false and published with the intent to mislead or harass persons or entities for financial gain or to cause injury, and
- violates any other law.
- WealthyIN does not have any obligation to monitor any User content on the Platform. However, WealthyIN, at its discretion and in accordance with applicable law, may review any content and may also remove any content from the Platform if it is determined at WealthyIN’s sole discretion that such content is in violation of the Terms or any applicable law. Such actions do not in any manner negate or dilute WealthyIN’s position as an intermediary under applicable laws or impose any liability on WealthyIN with respect to the content. Where any User content is removed from the Platform, WealthyIN will make reasonable efforts to inform the User who had posted such content about such removal. In case the User is aggrieved by WealthyIN’s actions under this clause, they may write to WealthyIN at wbgrievance@wealthy.in, and WealthyIN will act as per the Terms or as per any applicable law.
15. Third Party Sites
- The Platform may contain links or direct Users to various third-party platforms. If the User uses or clicks on any of these links, the User may be directed/redirected to such external platforms.
- If the User decides to visit any such external link, the User does so at their own risk, responsibility, and liability. WealthyIN does not endorse any platform linked to it or the information appearing therein or any of the products or services described therein on the Platform. Any display of third-party goods/services offered through the Platform does not in any way imply, suggest, or constitute any reputation, sponsorship, endorsement, or approval by WealthyIN of any such third parties. The User agrees that WealthyIN is in no way responsible for the timeliness, accuracy or completeness of information that they may obtain from these third parties, and which may be posted/published on the third-party platforms, and as may be amended from time to time.
- The User agrees and understands that when using the Platform, they will be exposed to User content from a variety of sources and by different Users, and that WealthyIN is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User content.
16. Indemnities
- The Client is aware that authentication technologies and strict security measures are required for internet-based trading. The Client agrees to indemnify and hold WealthyIN, its affiliates, partners, directors, employees, and agents harmless against any losses that may be suffered by it, its other customers, or any third parties: (a) as a consequence of any claim or action that may be initiated by a third party that is in any way the result of improper use of user ID, password or 2FA login credentials by the Client, (b) from failures or delays in the debit process from the bank account for transfer funds including for mutual funds, and (c) in case of bank delays or any technical issue at WealthyIN's end that may lead to the delay of the fulfilment of an order and the resultant change in the NAV at which the order is placed, in the case of mutual funds.
- In the event of death, insolvency, or liquidation of the Client, or their otherwise becoming incapable of receiving, paying for, delivering, or transferring securities which the Client has ordered to be transacted upon through the Platform, WealthyIN shall be entitled to close out the transaction on behalf of the Client. The Client and/or their legal representatives shall be liable for any losses or costs arising there from and shall also be entitled to receive any surpluses which may arise thereto. The Client agrees to indemnify WealthyIN for any shortfalls that may arise because of such close-out.
- By agreeing to use the Platform, the Client agrees to indemnify and hold WealthyIN, its affiliates, partners, directors, employees, and agents harmless from any losses or harms that may arise due to: (i) breach by the Client of any applicable laws, rules or regulations that may have been applicable to their transactions on the Platform; (ii) breach by the Client of any of the clause contained in these Terms; and (iii) any act, neglect, misconduct or fraud by the Client
17. Limitation of Liability
- The Client agrees that none of the services available on the Platform shall be deemed to be investment advice by WealthyIN.
- If the Client receives any information, recommendations or advice from any employee or representative of WealthyIN, then such information, recommendations or advice shall strictly be in the personal capacity of such employee or representative, and the Client may act upon it at their sole risk and costs. WealthyIN shall in no way be liable or responsible for any transactions executed by the Client in pursuance of such information, recommendations, or advice.
- WealthyIN and its officers, directors, partners, employees, agents and affiliates shall have no responsibility with respect to any investment decisions or transactions of the Client.
18. Programmes & Initiatives
- WealthyIN may, from time to time, run some initiatives, programmes, or offers to promote Client engagement and Client education. The Client agrees that participating in such an offer is subject to their agreement to the respective offer terms and conditions, if any, in addition to these Terms. The Client further agrees that offers provided may vary from client to client.
- WealthyIN’s decisions on the manner of operation of any such initiatives or programmes shall be final and binding. WealthyIN reserves the absolute right to change, withdraw, modify, or suspend the entirety or any part thereof of any such initiative or programme, or add new initiatives or programmes, without any prior notice to any Client or user.
- WealthyIN also reserves the right to disqualify the Client from any programme or offer in case the Client does not meet the eligibility criteria or any other reasons thereof, including but not limited to misuse of offer, misrepresentation, fraud or suspicious transactions/activities, at the sole discretion of WealthyIN without further notice.
- WealthyIN runs a client referral program wherein WealthyIN encourages Clients to refer their friends and family to begin investing with WealthyIN. The terms of this referral programme may change from time to time at the sole discretion of WealthyIN with or without prior intimation to the client.
19. Force majeure
- WealthyIN shall not be responsible for any delays or defaults in the performance of its obligations due to any contingencies beyond its control. Such contingencies include but are not limited to losses caused directly or indirectly by exchange or market rulings, suspension of trading, fires, floods, civil commotions or riots, earthquakes, cyclones, tsunamis, wars, strikes, pandemics or health calamities, any terrorist actions, system failures, breakdown in internet links and any regulatory actions by the government.
20. Severability
- If any one or more of the provisions contained in these Terms become invalid, illegal, or unenforceable in any respect under any law or regulations for the time being in force, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be prejudiced or affected thereto.
21. Refund & cancellation policy-
- Clients understand that completion of all refund procedures initiated by WealthyIN is subject to fulfilment by the relevant third-party agencies including banks and payment gateways
22. Miscellaneous
- WealthyIN does not warrant that the services provided on the Platform will be uninterrupted or error-free. All services on WealthyIN’s Platform are provided to the Client on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, those of merchantability and fitness for a particular purpose.
- The Client acknowledges that online trading over the internet involves several uncertainties and complexities with respect to hardware, software, computer systems, communication lines, peripherals, etc., all of which are susceptible to interruptions and dislocations, and which may result in the Platform being unavailable without prior notice. Neither WealthyIN nor the Exchange make any representations or warranties to the Client that online trading facilities on the Platform shall be always available to the Client without any interruptions. Clients agree that they shall not pursue any claims against WealthyIN or the Exchange on account of any suspensions, interruptions, malfunctioning or non-availability of the services offered on the Platform or any part thereof, for any reason whatsoever.
- The failure of WealthyIN to exercise any right provided herein or available under applicable law shall not be deemed a waiver of any further right hereunder. Waiver of any right by WealthyIN shall not be deemed to be a waiver of any further rights of WealthyIN. The exercise by WealthyIN of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
- In the event there is any conflict between the Terms, the Privacy Policy, any other policies applicable to whole or part of the website or WealthyIN’s services to the Client, and agreements entered into between WealthyIN and the Client, the following order of prevalence shall apply: (i) agreements between WealthyIN and the Client, (ii) any product or service-specific terms and policies, (iii) the Privacy Policy, and (iv) the Terms
To the fullest extent permitted by law, WealthyIN and its affiliates are not and will not be liable for any indirect, remote, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, and goodwill) arising out of or in connection with the User’s use or inability to use the website. In any event, the liability of WealthyIN arising out of the Terms shall not exceed INR 100 (Indian Rupees One Hundred Only).
23. Investor Grievance Redressal Mechanism
- Investor satisfaction is of utmost importance to WealthyIN, for which we have implemented the necessary mechanisms and systems
- The grievance officer shall be the Compliance Officer of WealthyIN, name: Mr. Nisarg Bharat Ajmera (for WealthyIN Broking Private Limited). All the investor grievances are monitored and redressed by the Compliance Officer of the Company who reports directly to the Board of Directors. This essentially takes care of the necessary escalation in case of any long pending and serious complaint, otherwise the same are taken care of by the Compliance Officer with the support of the Compliance team.
- The clients can email their grievances to the Compliance Officer on the email ID - wbgrievance@wealthy.in which is displayed on our Platforms and the same also mentioned on the contract notes and other correspondence if any sent to the client from time to time. The grievances will be acknowledged within 24 hours of the complaint and disposed of within 15 days of receipt.
- All the emails received are duly monitored and redressed by the Compliance Officer. The register of grievances is centrally maintained for better control and monitoring, Thus the grievances received in writing, mail, verbally, etc. are centrally monitored and redressed and recorded with all the necessary steps taken for redressal of the same. Proper analysis is undertaken to analyse the nature of complaints received, pattern of complaints and concentration if any at a particular location so that every effort is taken to remove the root cause of the grievance by the client. Periodic visits and inspections are undertaken for the branches and authorised partners to get the feedback of clients on the issues. Depending on the feedback received necessary corrective steps are introduced into the system.
- For ensuring that the funds received from the particular clients are properly accounted for, no cheques and cash are collected, at various locations or at the Head Office where centralized accounting is maintained, by which it is ensured that the funds are credited to the account of the correct client and also from the particular accounts mentioned in the client account master in the Back office software maintained centrally. No other separate software is maintained for maintaining client account details. Thus, every attempt is made to redress the grievance/problems of the clients and introduce systematic changes into the processes so that such instances are avoided.
24. Notice
- All notices, correspondences or communications issued under these Terms shall be served in any one or more of the following modes of communications, and such notices or correspondence shall be served at the last known email address/ residential address/ ordinary place of business of all parties to these Terms. The modes of communication include:
- Delivery by hand
- Delivery by registered/unregistered post.
- Delivery under certificate of posting
- Delivery by email or fax
- By affixing on the door at the last known business or residential address.
- By oral communication to the party or on the last known telephone number or on the recording machine of such number.
- By advertising in at least one prominent daily newspaper having circulation in the area where the last known business or residential address of the party is situated
- By notice posted on the notice board of WealthyIN if no address is known.
- Any communication sent by WealthyIN to the Client shall be deemed to have been properly delivered or served, if such communication is returned to WealthyIN as unclaimed/refused/undelivered, if such communication was sent in any of the modes illustrated above.
- Communication received by clients of WealthyIN through registered email IDs and phone numbers: This information is limited for consumption of the client only, and these emails should not be reshared with others
25. Governing Law, Jurisdiction and Dispute Resolution
- The Terms and the use of the website are governed by and construed in accordance with the laws of India.
- In the event any dispute or difference arises between the User and WealthyIN in connection with the validity, interpretation, termination and implementation or alleged breach of any provision of the Terms (“Dispute”), both Parties hereto shall endeavour to settle such Dispute within a period of 30 days, amicably with each other and in good faith.
- Upon failure to amicably settle any Dispute, the User must give written notice to WealthyIN and refer the Dispute to be resolved by arbitration to be conducted by a sole arbitrator, mutually appointed by both parties to settle the Dispute. The arbitration proceedings shall be conducted in accordance with the rules of the Mumbai Centre for International Arbitration. If both Parties are unable to mutually agree upon an arbitrator, the Mumbai Centre for International Arbitration shall appoint the sole arbitrator. The venue and seat of arbitration shall be Bangalore, India. The arbitration proceedings shall be conducted in English. The arbitral award shall be substantiated in writing.
- The courts in Bangalore, India shall have exclusive jurisdiction over all matters connected with these Terms and Your use of the website.
26. Contact Us
- Please reach out to compliance@wealthy.in if you have any questions or concerns regarding the Terms
WealthyIN Customer Services Private Limited
WealthyIN Customer Services Private Limited is handling Mutual Fund related operations. WealthyIN Customer Services Private Limited is registered with AMFI and having ARN No.106846
1. USER REGISTRATION
- I hereby agree and give consent for opening of investment account facility with WealthyIN Customer Services Pvt Ltd, an AMFI registered distributor for undertaking online mutual fund transactions and other investment products such as Fixed Deposits, Market Linked Securities, Private Securities, etc. on website or mobile application (jointly referred to as www.wealthy.in)
- I hereby give my consent to be contacted on contact number and email id provided by me for providing me information on the product and services of WealthyIN.
2. BANK DETAILS
- I hereby declare that the details of the bank provided on the platform belongs to me and the primary account holder of the account is me and any refunds/redemption should be credited to the aforementioned account which is provided by me.
- I hereby declare that the Debit Card and/or Netbanking account and/or ACH mandate used to make the transaction are linked to the bank account of which I am the primary account holder.
- I authorize WealthyIN and/or its authorized service provider(s) to - execute the NACH/Direct Debit mandate, subsequent NACH/Direct debit instructions related to my investments and electronic money transfer instructions through online payment gateway(s)- carry out all mutual fund subscription/ redemption/ non-financial instructions which I provide through the website www.wealthy.in using the Email and Password (log-in credentials) associated with my Investment Account , and/or through any other mode, including on paper; and communicate with the AMC on my behalf for financial and non-financial transactions and to receive details of my investment from the AMC.
3. KYC INFORMATION
- I hereby allow WealthyIN to utilize my information such as PAN, photo, name, father's name, Date of Birth, gender, marital status, proof of address, address and signature etc. for sending it to KYC Registration Agency (KRA) as part of Know Your Customer (KYC) norm & Asset Management Companies (AMC) as part of my application to AMCs. This can be used for the purpose of validation and to comply with the legal and regulatory requirements. I hereby accept that my address will be updated at the AMC as per my KYC address.
- I hereby accept that the signature and other details available in the CVL-KRA records/system may be fetched/used for signature verification by AMC/their R&T for processing any requests made by me through www.wealthy.in and in the event of such signature not being available or legible in the CVL KRA records/system, I understand and agree that the AMC shall be entitled to carry out further checks to validate the authenticity of the request and/or to reject/disallow any transaction in connection herewith.
4. TERMS OF TRANSACTIONS FOR MUTUAL FUNDS
- I acknowledge that investment products do not pertain to WealthyIN and the company is not in the business of providing investment advice
- I acknowledge that WeathyIN will forward my transaction to AMC after completing "Know Your Client" (KYC) process. In the event where KYC process is not completed by me to the satisfaction of the AMC, I hereby authorize the AMC, to redeem the funds invested in the Scheme, in favour of the applicant, at the applicable NAV prevailing on the date of such redemption and undertake such other action with such funds that may be required by the law.
I understand that WealthyIN will process my instructions on a best effort basis. I understand that my instructions will be processed the same business day if received before the cut-off time(s) specified by WealthyIN, ELSE my instructions will be processed on the next business day. WealthyIN may specify cut-off time(s) earlier than the time(s) specified by the AMC/ SEBI. I will not dispute and/or hold WealthyIN responsible for any loss, notional or otherwise, incurred because of
- delays either at the Bank, Registrar and Transfer Agency or AMC.
- rejection of my instructions by the Bank, Registrar and Transfer Agency or AMC.
- processing of instructions authenticated by my Login Credentials.
- non-availability or non-accessibility of the Website, telephone(s), or office(s) of WealthyIN in case of circumstances beyond WealthyIN's control.
- I confirm that the ARN holder (WealthyIN Customer Services Pvt Ltd) has disclosed to me all the commissions (trail commission or any other mode), payable to them for the different competing Schemes of various Mutual Funds amongst which the Scheme is being recommended to me. I confirm that details provided by me are true and correct.
- I understand that the ARN holder (WealthyIN Customer Services Pvt Ltd) would help me maintain asset allocation in line with the risk profile. I will not dispute and/or hold WealthyIN responsible for any loss, notional or otherwise, incurred because of suggested investment and withdrawal amounts in different mutual fund schemes. I also understand ARN holder would do this on a best effort basis.
- I acknowledge if I have placed a redemption (full or partial) request from a channel other ARN holder (WealthyIN Customer Services Pvt Ltd) then the available withdrawal amount on www.wealthy.in may not be in sync. I acknowledge that under such circumstances redemption order may fail or be partially fulfilled.
- I understand that after my withdrawal request is processed by WealthyIN the money may take up to 1 business day (for debt funds) and 3 business days (for equity funds) to be credited to my bank account. I confirm that the bank account details displayed at the time of redemption request are correct and I am the primary account holder of the bank account displayed. I authorize AMC to use this bank account to redeem my amount.
- I understand that there may be early exit charges as per SID / SAI / KIM of the scheme(s) chosen on the platform.
5. Switch Transaction
- When investing in any of the Smart Switch portfolios, the user gives Wealthy a permission to process switch transactions as per the desired asset allocation and switch duration. All such switch transactions across the AMCs will be processed on a pre-decided date every month as per the first investment date in the portfolio. Switch transactions will stop automatically once the end asset allocation is achieved at the portfolio level. In case of any changes in strategy or if you'd like to pause pre-decided switch transactions, then please get in touch with your wealth manager or email us on support@wealthy.in
6. TERMS OF TRANSACTIONS FOR OTHER INVESTMENT PRODUCTS
- I acknowledge that investment products do not pertain to WealthyIN and the company is not in the business of providing investment advice
- acknowledge that WeathyIN will forward my purchase request / redirect me to the Security Owner / FD Issuer after completing "Know Your Client" (KYC) process. In the event where KYC process is not completed by me to the satisfaction of the seller, I hereby authorize the platform, to reverse the amount invested.
I understand that WealthyIN will process my instructions on a best effort basis. I understand that my instructions will be processed the same business day if received before the cut-off time(s) specified by WealthyIN, ELSE my instructions will be processed on the next business day. I will not dispute and/or hold WealthyIN responsible for any loss, notional or otherwise, incurred because of
- delays either at the Payment Gateway, FD Issuer, Security Seller.
- rejection of my KYC details by the FD issuer or Security Seller.
- non-availability or non-accessibility of the Website, telephone(s), or office(s) of WealthyIN in case of circumstances beyond WealthyIN's control.
- I understand that the settlement of purchased securities may take upto 7 working days to my demat account, and I have understood the risks involved in purchase of market lined securities.
- I understand that the rate of interest on FD booked may differ from the day I made the investment.
7. UNDERTAKING BY USER
- I understand Mutual Fund and market linked investments are subject to market risks, read all scheme-related documents carefully. Having read and understood the content of the SID / SAI / KIM of the scheme(s) chosen on the platform,I hereby apply for units of the scheme. I have read and understood the terms, conditions, details, rules and regulations governing the scheme hereby declare that the amount invested in the scheme is through legitimate source only and does not involve designed for the purpose of the contravention of any Act, Rules, Regulations, Notifications or Directives of the provisions of the Income Tax Act, Anti Money Laundering Laws, Anti-Corruption Laws or any other applicable laws enacted by the Government of India from time to time. I have not received nor have been induced by any rebate or gifts, directly or indirectly in making this investment. I confirm that the funds invested in the Scheme, legally belongs to me.
- I hereby accept that for any transactions that are submitted offline i.e. with wet signatures, the signature available in my KYC records would be used for signature verification. I agree and understand that I shall be solely liable to inform the Distributor/AMC in case of any change in my KYC information including change in signature etc. and in the event of my signature not being updated, available or legible in KYC records, the Distributor/AMC would be within its rights to carry out further checks to validate the authenticity of the request or reject any such offline request based on existing KYC information.
- I shall execute and deliver to WealthyIN from time to time such other documents as may be required for updation of records if any. I further agree that any false/misleading information given by me or suppression of any material fact will render my account liable for termination.
8. ACKNOWLEDGEMENT
- I acknowledge that I have read the Terms and Conditions which are applicable for investment account facility on WealthyIN and that I have read and understood the said Terms and Conditions and that a copy of the Terms and Conditions is available on www.wealthy.in and I hereby severally agree and undertake to abide by these Terms and Conditions. I further agree to accept the updated Terms and Conditions as may be notified from time to time on www.wealthy.in before executing the transactions.
- I understand and agree that, pursuant to the Terms and Conditions, I hereby authorise WealthyIN to execute my instructions for purchase/redemption/switch/ sell or other transaction/activities in respect of online mutual fund transactions on my behalf, as may be instructed by me from time to time on www.wealthy.in
- I hereby declare that the details furnished through the process are true and correct to the best of my knowledge and belief, and I undertake to inform you of any changes therein, immediately. In case any of the above information is found to be false or untrue or misleading or misrepresenting, I am aware that I may be held liable for it and my account may become liable for termination.
- The laws of India govern this Agreement. All disputes are subject, firstly, to mediation, and then by Arbitration by a sole arbitrator appointed by WealthyIN. The venue of arbitration will be Bangalore.
- I declare that I am not politically exposed, neither a relative of politically exposed person. My primary source of income is salary. I hereby declare that the information provided is true and correct to the best of my knowledge. In the event of any change in the information provided, I will notify WealthyIN Customer Services Pvt Ltd (WealthyIN) immediately.