THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) (a) OF THE INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021 AND RULE 4 OF THE (INDIAN) INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES, 2011 FRAMED UNDER THE (INDIAN) INFORMATION TECHNOLOGY ACT, 2000 (AS AMENDED FROM TIME TO TIME) THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THE PLATFORM.
The online platform - www.INBESTnow.com (“Website”) is owned and operated by Baid INBEST L.L.P.(under the brand name of “INBEST”) , a limited liability partnership under the Limited Liability Partnership Act, 2008 with its registered office at 6th Floor, Suite #608 and 609, Ashoka House, 3A, Hare St., B.B.D. Bagh, Kolkata, West Bengal - 700001 (“INBEST”). The website, its sub-domains and other sites/ apps/ other channels maintained by INBEST to enable the Services (defined below) shall be collectively referred to hereinafter as the (“Platform”).
The services offered by INBEST are divided into several business verticals:
a) Mutual Fund Distribution : Your access and use of the platform for the basic exploration of mutual funds, calculations of the returns based on your assumptions within Mutual Funds Terms and Conditions.
b) Wealth Planning : You can connect with us and have our expert guidance regarding your wealth management.
c) NRI Desk : As an NRI , you can get our dedicated hand-holding support to invest into India.
Subject to the foregoing, these General Terms and Conditions (“T&C”) govern your access and use of the Platform for general browsing or any other services available on the Platform. Please read these General Terms and Conditions carefully before accessing or using the Platform or any part thereof.By accessing or using any part of the Platform, you agree to be bound by these terms and conditions. If you do not agree to all the terms and conditions, then YOU MAY NOT ACCESS THE PLATFORM OR USE ANY SERVICES PROVIDED BY INBEST.
The words "You" and “Your” refer to the person(s) who use and avail the Services of INBEST through the Platform and shall include both singular and plural. The Services provided herein is only for the Indian citizens , Tax Residents and Non Resident Indians(NRIs). These General Terms and Conditions form a legal and binding agreement between you and INBEST and is made pursuant to the terms of the Information Technology Act, 2000.
You represent and warrant that you (a) are at least 18 years old. In the event you are under the age of 18 years, you represent and warrant that you have the requisite consent from your legal guardians and are availing the services under their supervision; (b) are competent to form a binding contract under the Indian Contract Act, 1872; (c) have not previously been suspended or removed from using INBEST’s Services and/or the Platform or any part thereof.
a) You shall not use the Platform for any commercial purpose.
b) INBEST shall not be responsible for any delay or failure in processing any transaction or any request whatsoever resulting from infrastructure issues like server downtime, network unavailability and connectivity issues.
c) You shall notify INBEST in the manner provided hereunder of any change in your situation and/or personal information and/or profile and INBEST would rely on the most recent information provided by you.
d) INBEST has the sole authority and right to reject Your request to open an account with INBEST. INBEST may at its discretion choose to disclose or not disclose the reason for not opening such an account. INBEST may also reject / suspend / freeze Your request to open or operate Your account on directions received from regulatory or government bodies and statutory authorities.
e) You hereby consent to record Your telephonic conversations with the customer support department of INBEST (managed by itself or through any outsourced vendor) for quality control, record retention purposes and other similar purposes.
f) You hereby declare that the transactions made through the INBEST Platform shall be through Your own legitimate source/ bank account only and the said transactions do not contravene 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 from time to time.
You shall not use or access the Platform or any Service to host, display, upload, modify, publish, transmit, store, update or share any information that:
belongs to another person and to which the user does not have any right;
a) is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling or an online game that causes user harm or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence or otherwise inconsistent with or contrary to the laws in force;
b) is harmful to child;
c) infringes any patent, trademark, copyright or other proprietary rights;
d) violates any law for the time being in force;
e) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Indian central government, is identified as fake or false or misleading by such fact check unit of the central government as the Ministry of Electronics and Information Technology may, by notification published in the official gazettes, specify;
f) impersonates another person;
g) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation;
h) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
i) is in the nature of an online game that is not verified as a permissible online game;
j) is in the nature of advertisement or 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;
k) is patently false and untrue and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
a) All intellectual property in or of the Platform belongs to or is licensed to INBEST. INBEST grants you a limited, non-transferable and revocable license to access and use the Platform or any part thereof for availing the Services, but not to download any material from it (other than page caching) or modify it or any portion of it for commercial use. Any unauthorized access to the Platform (or any part thereof) or any networks, servers or computer systems connected to the Platform and any attempt to modify, adapt, translate or reverse engineer any part of the Platform or re-format or frame any portion of the pages of the Platform is not permitted without INBEST’s express written consent.
b) This license is non-transferable and does not permit any resale or commercial use of this Platform or its contents; any downloading or copying of account information for the benefit of anyone other than your use; or any use of data mining, robots or similar data gathering and extraction tools.
c) The Platform or any portion of the Platform (including but not limited to any copyrighted material, trademarks or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of INBEST, as may be applicable. Any unauthorized use of the Platform shall terminate the permission or revoke the license granted by INBEST herein.
INBEST may provide you links to third party services (“Third Party Services”) and may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”). You acknowledge and agree that INBEST is providing the Third Party Materials on an “as is” basis and is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or Third-Party Services. INBEST DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD-PARTY SERVICES, THIRD PARTY MATERIALS OR WEB SITES OR FOR ANY OTHER MATERIALS, PRODUCTS OR SERVICES OF THIRD PARTIES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, INBEST, its affiliated companies, subsidiaries, officers, directors, employees or any related party disclaim any liability to you or to any third party for any indirect, incidental, special or consequential damages, including without limitation loss of investments, revenue or profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) howsoever arising.
TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, you waive, release, discharge and hold harmless INBEST, its affiliated and subsidiary companies and each of their directors, officers, employees and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the Platform and/or Services
You agree to indemnify, save and hold INBEST, its affiliates, contractors, employees, officers, directors, agents and its third party associates, licensors and partners harmless from any and all claims, demands, losses, damages and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Services or of the Platform, any violation by you of these terms or any breach of the representations, warranties and covenants made by you herein or your infringement of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material posted/ transmitted by you on the Platform.
In no event, INBEST, its directors, employees, agents will be liable to You or any third party for any damages, liabilities, losses and causes of action arising out of or relating to: (i) this T&C; (ii) use of or access to the Platform; or (iii) Your use or inability to use the Services provided through INBEST Platform; or (iv) any other interactions with INBEST or (v) any action or omission caused by any other third party, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of INR 5000 or the amount required as per regulatory guidelines.
INBEST may choose to stop providing one or more services through the Platform and may terminate access to or use of the Platform at any time without any notice. Provided that, INBEST reserves the right to immediately terminate User access of the Platform or remove non-compliant information or both, in case of non-compliance with any applicable rules and regulations, privacy policy or these terms of use, including Clause 3 (PROHIBITION ON USAGES). Other than where INBEST informs you otherwise, upon any termination, (a) the rights and licenses granted to you under these terms will end; (b) your Account shall be suspended; and (c) you must stop using the Platform. INBEST reserves the right to suspend or cease providing the Platform and shall have no liability or responsibility to you in any manner whatsoever if INBEST chooses to do so except as prescribed under applicable law.
INBEST reserves the right to change, modify, add or remove portions of any terms and conditions including this T&C, specific terms and conditions applicable to each business verticals, privacy policy and disclaimers displayed on our Platform from time to time (“Terms & Conditions”) (each, a change and collectively, Changes). The revised Terms with the Changes shall be made available on the Platform and The Changes will become effective, on a going-forward basis with respect to Your continued use of the Platform or availing the Services or when a payment transaction is initiated by You through the Platform after the posting date. If You do not agree with any such change, Your sole and exclusive remedy is to terminate Your use of the Platform and the Service. For certain changes, INBEST may be required under applicable law to give You advance notice and INBEST will comply with such requirements. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the Changes.
INBEST will collect, store and disclose your information in accordance with the Privacy Policy available at www.INBESTnow.com
INBEST may provide You with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the Platform or voice call or internet-based messaging applications like WhatsApp or by any other reasonable means based on the details provided by You. In case of any change in any details provided by You including but not limited to email id and/or mobile number and/or correspondence address, you shall inform INBEST in writing in advance in the prescribed format to carry out the necessary changes in its records.
You hereby unconditionally consent that such communications sent by INBEST to you via the above-mentioned modes are upon the request and authorization from You.
Except as otherwise set forth herein, notice to INBEST must be sent by courier or registered email to compliance@INBESTnow.com.
INBEST does not guarantee that electronic communications will be successfully delivered, or that they will be secure and virus free. INBEST shall not be liable for any loss, damage, expense, harm or inconvenience caused as a result of an electronic communication being lost, delayed, intercepted, corrupted or otherwise altered or for failing to be delivered for any reason beyond INBEST’s reasonable control. All correspondence will be in English.
You agree to be contacted by INBEST and its representatives over phone or on registered email id with reference to the Services. You agree & confirm that if your mobile number is registered in the Do Not Disturb (DND) list of TRAI, you may not receive SMS or calls from INBEST. You agree to take steps to deregister from the DND list and shall not hold INBEST liable for non-receipt of SMS or calls in the interim period.
WhatsApp Communication Consent :
By using our Platform and/or Services and providing your contact information, you hereby explicitly agree to receive communications from INBEST via WhatsApp. This may include but is not limited to notifications, updates, promotional or marketing messages, customer support and authentication messages (“Communications”).
What You Agree To:
● You hereby explicitly consent to receiving Communications from INBEST on WhatsApp.
● You understand that these Communications may include but not limited to notifications, updates, promotional or marketing messages, customer support and authentication messages.
Your use of this Platform, Services and any terms and conditions stated in this T&C or other service specific terms and conditions shall be subject to the laws of India. In case of any disputes arising out of the use of the Platform, Services or any part thereof, You hereby agree that the Courts of Kolkata , India will have exclusive jurisdiction.
The failure of INBEST to exercise or enforce any right or provision under this T&C and other applicable Terms will not constitute a waiver of such right or provision. Any waiver shall be effective only if in writing and signed by INBEST.
You can reach out to INBEST at grievance@INBESTnow.com or +91-89812 14333 to raise any questions, complaints, grievances or feedback.
