Thank you for selecting the Services offered by Marketgoogly.com. Kindly review these Terms of Use (hereinafter referred to as "Financial Planning, Advisory, and Execution service Agreement") thoroughly. By accepting electronically (for example, clicking “I Agree”), after installing, accessing, or using the Services, you agree to these Terms of Use. You may be able to have access to or use the Services only if you enter into the Services Agreement

 

Services Agreement

This Financial Planning, Advisory, and Execution service Agreement (“Agreement”) entered BY AND BETWEEN

Marketgoogly.com having its registered office at Guwahati, Assam of the ONE PART AND Customer, (hereinafter referred to as “ the Client” which expression shall, unless repugnant to or inconsistent with the context or meaning thereof, be deemed to mean and include (if the Client is an individual) his/her heirs, executors, administrators and legal representatives and permitted assigns; (if the Client is a Partnership Firm), the partners for the time being of the said firm, the survivor or survivors of them and their respective heirs, executors, administrators and legal representatives/its successors and permitted assigns; (if the Client is a company or a body corporate) its successors and permitted assigns; (if the Client is the Karta of a Hindu Undivided Family), the members for the time being of the said Hindu Undivided Family and their respective heirs, executors, administrators and assigns; (if the Client is a Trust),the principal trustee or the board of trustees or the trustees or person authorised by the board of trustees for the time being and from time to time; (if the Client is the governing body of a society), the respective successors of the members of the governing body for the time being and from time to time the members of the society for the time being and from time to time and any new members elected or appointed] of the OTHER PART,

Sets forth the terms and conditions upon which the Client will be able to avail investment advisory and transaction services (defined hereinbelow) from Marketgoogly.com.

In this Agreement, unless the context otherwise requires, Marketgoogly.com and the Client shall hereinafter be jointly referred to as the “Parties,” and severally as the “Party.”

Whereas:

The Client seeks to appoint the Investment Adviser to provide certain investment advisory and other related services in relation to curated portfolio of securities and has requested the Investment Adviser to render investment advisory services to the Client entirely at the Client’s risk.

The Investment Adviser has agreed to be appointed as the Investment Adviser to the Client in accordance with the terms of this Agreement as mandated under Regulation 19(1)(d) of the Securities and Exchange Board of India (Investment Advisers) Regulations, 2013, as amended from time to time (“IA Regulations”), to provide investment advisory services in relation to securities under the regulatory purview of SEBI, on a non-binding and non-exclusive basis, and in a manner solely determined by the Investment Adviser.

The Parties are entering into this Agreement to set out the terms and conditions on which the Investment Adviser has agreed to render, and the Client has agreed to avail of, the Investment Adviser’s investment advisory services.

The Client is desirous of availing investment advisory services from Marketgoogly.com and online execution services through Marketgoogly.com. The Client has satisfied itself that Marketgoogly.com possesses requisite level of knowledge and competence to provide online investment advice bundled in the product package. Now, therefore, in consideration of the mutual agreements set forth herein, the Parties agree as follows:

Representations And Warranties By The Parties

 

The Parties hereto represent, warrant, and covenant to each other that:

 

Each of the Parties are duly formed and validly existing under the respective laws that they are subject to with full power and authority to conduct the business as contemplated in this Agreement.

Each Party has full power, capacity, and authority to execute, deliver and perform this Agreement and has taken all necessary action (corporate, statutory, or otherwise) to authorize the execution, delivery, and performance of this Agreement.

This Agreement and each other agreement executed in connection herewith, if any, have been duly executed and delivered by each Party and constitute legal, valid, and binding obligations of such Party, enforceable against the other Party in accordance with the terms

Each Party has obtained and complied with all clearances, permissions, approvals, conditions, and notices, that are or have been required, for the due execution and delivery of, and performance under this Agreement.

Client Undertaking

The Client understands and consents that:

I / We have read and understood the terms and conditions of investment advisory services provided by the Investment Adviser and along with the fee structure and mechanism for charging and payment of fee.

Based on our written request to the Investment Adviser, an opportunity was provided by the Investment Adviser to ask questions and interact with ‘person(s) associated with the investment advice.

The Client wants to avail the investment advisory services only for himself / herself and not for any other person.

The Client shall furnish all information (which shall be true, accurate, current, and complete) as reasonably requested by the Investment Adviser for the purpose of risk profiling process. The risk profile as created by the Investment Adviser shall be final and binding on the Client and the Client consents to the Investment Adviser utilizing such information for the purpose of rendering investment advice services to the Client.

The Client shall not reproduce, duplicate, copy, sell, resell, or exploit any portion of the services of the Investment Adviser, without prior express written permission from the Investment Adviser.

Representations by the Investment Adviser

The Investment Adviser i.e. Marketgoogly.com represents and warrants that it has appointed personnel of appropriate qualifications and experience to perform the services to fulfil its obligations under this Agreement and shall continue to comply with the same during the term of this Agreement.

Investment Adviser shall neither render any investment advice nor charge any fee until the Client has signed this Agreement.

The Investment Adviser represents and warrants that it shall only recommend direct implementation of advice i.e. through direct schemes/direct codes where no consideration (including any embedded/ indirect/in kind commission or referral fees by any name) is received directly or indirectly by the Investment Adviser or his /her family.

Investment Adviser shall not manage funds and securities on behalf of the client and that it shall only receive such sums of monies from the client as are necessary to discharge the client’s liability towards fees owed to the Investment Adviser.

Investment Adviser shall not, in the course of performing its services to the Client, hold out any investment advice implying any assured returns or minimum returns or target return or percentage accuracy or service provision till achievement of target returns or any other nomenclature that gives the impression to the Client that the investment advice is risk free and/or not susceptible to market risks and or that it can generate returns with any level of assurance.

The Investment Adviser represents and warrants that it is carrying on its activities on an arms-length relationship between its activities as an Investment Adviser and its other activities, and such arm’s length relationship shall be maintained during the existence of this Agreement.

The Investment Adviser represents and warrants that it is carrying on its activities independently, at an arm's-length basis with its related parties. Disclosure of conflicts of interests, if any, shall be made by the Investment Adviser to the Client in a prompt manner.

The Investment Adviser represents and warrants that all appropriate registrations, permissions, and approvals which are statutorily required, have been validly maintained and shall continue to be in force as required for the performance of the Investment Adviser’s obligations under this Agreement.

The Investment Adviser shall not derive any direct or indirect benefit out of the Client’s securities.

The Investment Adviser shall ensure that it will take all consents and permissions from the Client prior to undertaking any actions, including but not limited to implementation services in relation to the securities advised by the Investment Adviser, in a form and manner as under the IA Regulations.

The individual Investment Adviser represents and warrants that he/she/it shall not provide any distribution services.

The individual Investment Adviser represents and warrants that the family of the individual Investment Adviser shall not provide distribution services to the client advised by the individual Investment Adviser, for securities.

The individual Investment Adviser represents and warrants that he/she/it shall not provide investment advisory services, for securities, to a client who is receiving distribution services from other family members.

The Investment Adviser represents and warrants that it shall maintain client records and data as mandated under the IA Regulations.

For the purposes of this Agreement, terms including family of client and family of an individual investment adviser shall have the meaning ascribed to them under the IA Regulations.

Scope Of Services

The Client hereby engages the services of the Investment Adviser and the Investment Adviser hereby agrees, as an independent contractor and on a principal-to-principal basis, to provide services in relation to securities that fall under the regulatory purview of SEBI.

The services rendered by the Investment Adviser shall consider the risk capacity and risk aversion determined through a proper risk profiling process and accepted by the Client.

Notwithstanding anything herein contained to the contrary, the Parties hereby agree that the services to be rendered by the Investment Adviser to the Client are merely recommendatory, non-binding in nature.

The Parties acknowledge the Investment Adviser will not be responsible for the use or implementation of the output of the services provided pursuant to this Agreement.

The Investment Adviser shall use its best judgment and efforts in rendering advice to the Client under this Agreement and in the performance of all its powers and duties under this Agreement.

It is hereby expressly understood and confirmed by the Client and the Investment Adviser that notwithstanding any other provision of this Agreement, neither the Investment Adviser nor any of its directors or employees shall have the power or authority whatsoever to:

 

Bind or commit the Client in relation to any contract or any trade or other preliminary or ancillary agreement relating thereto.

Represent the Client in any way, including without limitation, in any negotiations relating to the purchase, acquisition, sale or transfer of any investments.

Buy or sell any securities on behalf of the Client.

 

The services to be provided by the Investment Adviser shall be subject to the activities permitted under the IA Regulations. The Investment Adviser shall always act in a fiduciary capacity towards the Client.

This agreement is for the investment advisory services provided by the IA and IA cannot execute/ carry out any trade (purchase/ sell transaction) on behalf of the client without his/her specific and positive consent on every trade. Thus, you are advised not to permit IA to execute any trade on your behalf without your explicit consent.

B) Fianncial Consultation And Planning, Mutual Fund And Direct Mf Execution Services

Financial Consultation Services

a) The Client shall fill in all the fields of essential data entry for financial planning offline.

b) The software used by Marketgoogly.com shall generate a Financial Plan based on the information entered by the Client after the completion of the questionnaire.

c) The Financial Plan provided by Marketgoogly.com will be per the Client’s investment objective and risk profiling.

d) Nothing contained hereunder in this Agreement shall bind, or require the Client to rely on or act on the contents of the Financial Plan.

e) The Client can raise queries, if any, by emailing us on support@Marketgoogly.com or by calling our Customer Support Team on the number mentioned on our website.

f) The data/information shared by the Client, may be modified, changed, amended, or retracted by the Client and Marketgoogly.com to amend the plan as per client update .

g) Marketgoogly.com shall perform its duties and obligations described in this Agreement with the highest standards of integrity and fairness and shall act ethically in all its dealings with the Client.

j) Marketgoogly.com has taken all commercially reasonable steps to protect the confidentiality of all confidential or non-public information provided to it by the Client and shall not disclose the same in any manner, except as provided under this Agreement.

h) I/We are availing the execution services being provided by Marketgoogly.com in Direct Fund out of our own free will and I/we have not been compelled to avail execution services offered by Marketgoogly.com

Declaration By The Client

I/We shall provide true, accurate and adequate information as requested on Marketgoogly.com.

I/We shall not transmit or upload programs or materials on Marketgoogly.com that contain malicious code, such as viruses, Trojan horses, spyware, or other potentially harmful programs or other material or information.

I / We have read and understood the contents of all the scheme related documents including but not limited to the Statement of Additional Information and Scheme Information Document, Key Information Memorandum (KIM), addenda issued thereto and Product Label of the Scheme(s) before making any investments.

I / We agree to abide by the terms, conditions, rules, regulations and take note of the risk factors of the respective scheme(s) as on the date of the transaction.

I / We have neither received nor been induced by any rebate or gifts, directly or indirectly in making the above transaction.

I / We hereby declare that I am / We are authorized to make the above transaction and the amount invested by me/us in the scheme(s) is through legitimate sources only and does not involve and is not designed for any contravention or evasion of any Act, Rules, Regulations, Notifications or Directions issued any statutory or regulatory or government authority from time to time.

Only applicable in case of investments by NRIs:

I /We confirm that the I am / We are Non-Resident(s) of Indian Nationality / Origin and that the funds for additional purchases are remitted from abroad through approved banking channels or from funds in my / our NRE/ NRO / FCNR account. I / We are not a resident / incorporated body under the laws of the United States of America or Canada. All users in countries other than India understand that by using the service, they may be violating the local laws in such countries. If the User chooses to access the service from outside India, he/she shall be solely responsible for compliance with foreign and local laws. The Users agree that they will solely be liable for any liability incurred in this regard and will indemnify Marketgoogly.com for any liability Marketgoogly.com may incur in any foreign jurisdiction as a consequence of the citizens/residents of countries other than India using the Service. Additionally, there may be fund specific restrictions that may not allow NRIs to invest in those funds. This plan does not constitute an offer to sell or a solicitation to any person in any jurisdiction where it is unlawful to make such an offer or solicitation.

I/We confirm and believe that this transaction is appropriate for me/us as per my/our investment objective.

I/We agree to the terms and conditions for transacting through BSE STAR MF through Marketgoogly.com as mentioned below

By ordering Services, you are agreeing to these Terms & Conditions

TERMS AND CONDITIONS – FINANCIAL PLANNING SERVICES, MUTUAL FUND AND DIRECT FUND EXECUTION via BSE STARMF

These advisory services are provided by marketgoogly.com to create plan for the client based on investment objectives and risk.

Marketgoogly.com offers its clients the option to avail it is advisory and execution services in multiple combinations as detailed below:

Clients may choose to avail of the financial planning with Marketgoogly.com this would include detailed risk profiling, goal planning, and preparation of an investment plan. Marketgoogly.com does not make it binding on its clients availing financial planning to avail the transaction/execution facilities through the Marketgoogly.com in direct scheme only through BSE Star MF and these clients have the option to use Marketgoogly.com only for financial planning purposes. The client understands that when they use third party execution services providers for transaction execution, Marketgoogly.com may not be able to offer portfolio tracking and any such services efficiently that require awareness of the client’s investment portfolio.

In Financial Planning, mutual fund advisory and advisory and execution in direct fund plan, the client takes the sole and full responsibility of the investment choices they make or the performance of their investment portfolio. Marketgoogly.com is registered with SEBI as an RIA and shall not receive any commissions from Asset Management Companies/Mutual Fund Houses.

Mutual Funds investment can be done through transaction processing platforms such BSE Star MF and which provides an online platform to deal in the units of the scheme of mutual funds that are existing/launched/offered by AMC from time to time.

By subscribing to Marketgoogly.com, you agree and accept to abide and be bound by these terms and conditions. You further agree to execute all the necessary documents which may be needed from time to time, to send the necessary dealing details to the Mutual Funds / their authorized Registrar & Transfer Agents (RTAs) to give effect to the dealings made through Marketgoogly.com

Registration Related Conditions

i. If you want to invest in direct scheme through Marketgoogly.com, it is subject to the satisfactory completion of the registration form and submission of all mandatory documents and valid Permanent Account Number ("PAN") and its subsequent verification and KRA verification.

ii. Investment can be done for KYC Registration Agency (KRA) verified investors only. Accordingly, while enrolling for the Marketgoogly.com registration, your KRA verification process will be checked and you shall provide a copy of valid PAN and proof of completion KYC through SEBI approved KYC Registration Agency (KRA Agency) or other details as may be prescribed from time to time and these details shall get verified with KRA.

iii. You agree and authorize Marketgoogly.com to submit all the KYC Documents (name, Pan, age, address, and signature) and the client-related documents to the respective Mutual Funds, Asset Management Companies and/ or their Registrar and Transfer Agents for validation and to comply with regulatory requirement notified from time to time. You agree that signature available in the KRA records/systems would be used for signature verification for processing any request made by you through the Website or direct transactions with AMC and in the event such signature is not available or legible in KRA records/system, you understand and agree that the AMC shall be entitled to carry out further checks to validate the authenticity of the request / or to reject/ disallow any transaction in the connection herewith.

iv. Once it is ascertained that the investor is KRA verified Marketgoogly.com investment can be done.

v. You agree that access to Marketgoogly.com Account may be suspended/cancelled/terminated without liability, in whole or in part, at any time without prior notice if you do not comply with any of these Terms or any modifications thereof.

vi. You agree and understand that no change of address, mobile no., e-mail id and/or bank details can be allowed for such accounts unless a duly signed hard copy of such written request is sent to the AMC / CAMS / POS for signature verification and other formalities

 

General Conditions

i. You grant authority to Marketgoogly.com to process any request made by you to execute your instructions with regards to purchase /redemption /switch/sell or other transactions/ activities in respect of mutual funds on your behalf, as may be instructed by you from time to time, on the terms and conditions mentioned herein.

ii. Marketgoogly.com shall be not held responsible for any transactions arising out of the misuse of the password by any person other than you. You shall be responsible for the systems used by you for dealings and for various security measures, which you must take to prevent unauthorized access to details relating to the dealing through the Marketgoogly.com account, and Marketgoogly.com shall not be liable for any such unauthorized access. If there is unauthorized use of Client related data by Marketgoogly.com, its employees, servants, agents, or representatives, which causes determinable legal harm or pecuniary loss to the Client, Marketgoogly.com shall be liable to compensate the Client, unless such unauthorized use occurred outside the reasonable control of Marketgoogly.com, or without its knowledge, despite exercising reasonable care and diligence.

iii. You understand and agree that instructions given by you to Marketgoogly.com for transacting in mutual fund units will be forwarded to the AMC/R&TA via a transaction processing platform that Marketgoogly.com has an arrangement with CDSL - BSE StarMF in an electronic file format (‘Feed File’) and AMC/R&TA will process the transaction based on such Feed File only. And you hereby agree and consent to the transmission of data by electronic means through the Marketgoogly.com Account from the website

iv. You agree that the data and information provided by you pursuant to your dealing with Marketgoogly.com could be shared by Marketgoogly.com with its authorized agents, representatives, affiliates, group companies and subsidiaries for facilitating transaction processing, servicing, data processing, transaction statement generation and for contacting for new products and services including but not limited to marketing, cross-selling, business activities and promotions or for generating reports, market research, customer study and for compliance with any legal or regulatory requirements. You agree that submission of a transaction request through the Marketgoogly.com account shall not be deemed to be acceptance of the transaction by Mutual Funds or its RTAs and the transaction could be rejected if does not comply with the provisions of the Scheme Information Document of the respective Mutual Fund or for any other reason which Marketgoogly.com and / its authorized representatives/Mutual Funds/RTAs deems fit.

v. There is no guarantee for any returns on investments made in the Mutual Fund scheme(s). Past performance mutual fund/schemes do not indicate the future performance of the schemes and may not necessarily provide a basis of comparison with other investments.

vi. You agree and acknowledge that, notwithstanding anything contained hereunder, the Company may enter separate arrangements with product providers, including but not limited to, asset management companies, insurance companies, ITR filing companies, and others to provide/ receiving certain ancillary services including in relation to investor education on its platform.

vii. Mutual funds and securities are subject to market risks and there can be no assurance that the objectives of the schemes will be achieved.

viii. As with any investment in securities, the NAV of units issued under the schemes can go up or down depending on the factors and forces affecting capital markets.

ix. You agree and authorize Marketgoogly.com to communicate on your behalf with the AMCs for financial and /or non-financial transactions.

x. The transactions carried out through the Marketgoogly.com in Units of various schemes offered by the Mutual Funds shall be subject to the provisions contained in the respective scheme related documents, including but not limited to Scheme Information Document and Statement of Additional Information or any addendum thereto.

xi. You agree to comply with KYC (Know your Client/Customer) and KRA requirements as required under SEBI (KYC Registration Agency) Regulation 2011, SEBI Act 1992, Prevention of Money Laundering Act, 2002, all laws and regulations including but not limited to the Foreign Exchange Management Act, Reserve Bank of India (RBI) guidelines, to the extent applicable for availing the Marketgoogly.com account.

xii. You acknowledge that dealing through the Marketgoogly.com Account will be at your own risks. You shall solely be responsible to evaluate all the risks arising out of the same. The risks would, inter alia include:

Marketgoogly.com Account may be susceptible to several frauds, misuse, phishing, hacking, and other actions, which could affect instructions sent to Marketgoogly.com /its authorized representatives. There cannot be any guarantee from such Internet frauds, phishing, hacking, and other actions/.

You further agree and acknowledge that the Mutual Fund/Asset Management Company will act only on the electronic transaction data forwarded by Marketgoogly.com and will be under no obligation to verify and/or confirm the authenticity of such transactions including the content, source, etc.

You hereby confirm that you will not hold the Mutual Fund/Asset Management Company liable and/or responsible for any loss/damage that you may incur as a result of any such improper use of your password/Investment Services Account.

You agree and acknowledge that the filling in of transaction data/instructions for onward forwarding to the Mutual Fund/Asset Management Company would require you to incorporate proper, accurate and complete details. In the event of your account receiving an incorrect credit because of a mistake committed by any third party, the concerned mutual fund/asset management company or the bank shall be entitled to reverse the incorrect credit at any time without your consent.

You shall be liable and responsible for Marketgoogly.com / concerned mutual fund / concerned Asset Management Company for any unfair or unjust gain obtained by you as a result of the incorrect credit.

The mutual funds/asset management companies may at its discretion not give effect to your transactions where the mutual fund/asset management companies have reasons to believe that the transactions are not genuine or are otherwise improper or unclear or raise a doubt

Marketgoogly.com is not responsible for any such action taken by the mutual fund/asset management company and accordingly, you cannot raise the issue with Marketgoogly.com.

The respective mutual fund/asset management company shall not be liable for the loss of any opportunity costs incurred by you, if any transactions are not carried out for any reasons whatsoever. You understand that any payment made by you towards such transactions will be refunded to your account, after deduction of charges, if any

You understand that Marketgoogly.com will make best efforts to resolve any queries that you may have regarding your investments with Marketgoogly.com as well as your investments in any specific Mutual Fund schemes. You may also communicate directly with the Mutual Fund/Asset Management Company to resolve any clarifications that you may have about your investments in the Mutual Fund Schemes. For any transactions that come through offline mode, the signature available in KYC records would be used for signature verification and in the event of such signature not being available or legible, and the AMC would be within its rights to carry out further checks to validate the authenticity of the request.

xiii. In the event an Account is jointly held, you acknowledge that all instructions (including instructions for modification of this clause) shall be given only by the first holder of such Account, on behalf of all of you and for this purpose, The joint investors, irrevocably constitute the first holder above as your agent. All instructions given by the first holder above shall be binding on all of you as if given by each of you personally. You hereby authorize Marketgoogly.com to process and transmit such instructions given from time to time concerning your transactions to the respective mutual funds/asset management companies. The mode of holding in all customer joint accounts is treated as “Either or Survivor".

xiv. You understand Marketgoogly.com may display curated advertisements of other providers or customized offers for products suited to your profile information available with Marketgoogly.com. Marketgoogly.com does not endorse any of these third-party providers or provide any services.

 

Transaction Processing Related Conditions

i. The online requests will be executed based on the instructions of investors registered for - Marketgoogly.com account. You agree and confirm that all the authorized and complete transactions will be processed at the applicable NAV (as defined in the Scheme Information Document of respective schemes of Mutual Funds) subject to receipt of funds and acceptance of your transaction by the Mutual Funds/ RTAs.

ii. You agree not to hold Marketgoogly.com / its authorized representatives liable for any loss that may arise to you as a result of the incorrect NAV applied on units allotted to you by the Mutual Fund.

. The money debited from your Bank Account shall be collected in the pool account of the third-party service provider and from there it will be credited/transferred to the respective Mutual Funds either on the same day (in case the order is placed before the cut off time) or the next working day (in case the order is placed after the cut off time). Hence, you agree, understand, and acknowledge that there would be an interim time lag in transferring/crediting the money from the pool account of the third-party service provider to the respective Mutual Fund account.

iv. You agree that when subscription for mutual fund units is remitted through joint bank accounts of investors, the default option for applying for mutual funds unit would be in the joint names of all the account holders of the bank account. If the payment is not made from a Registered Bank Account or from an account not belonging to the first named unit holder, your transaction will be rejected.

Additionally, investors shall also have an option to apply for units in the single name of any one or more names of the joint account holders of the bank account with nomination facility subject to terms and conditions of the relevant SID. You agree that in joint account holding, the decision of the First holder as mentioned above in clause 2 is binding on others

v. • The units of the schemes shall be allotted, redeemed, or switched, as the case may be, at the Net Asset Value (NAV) prevalent on the date of the transaction request by the Mutual fund, if the request for purchase, redemption or switch is placed before the cut-off time.

vi. You agree that any transaction request falling due on a holiday or after the cut off time mentioned on the website would be processed on the next working day and respective NAV would be applicable as per the Mutual Fund's Scheme Information Document. The cut-off timings will be before the statutory cut-off timing specified under the SEBI Regulations and the Scheme Information Document for operational convenience.

vii. Holiday means any day, which is not a Business Day. The transactions once placed cannot be cancelled.

viii. In respect of the purchase of units of mutual fund schemes (other than liquid schemes), the closing NAV of the day on which the funds are available for utilization shall be applicable for application amount equal to or more than ₹ 2 lakh or such other value as may be specified from time to time, irrespective of the time of receipt of such application.

ix. Marketgoogly.com /its authorized representative/service provider does not take any responsibility for any delay in acceptance/execution or non-execution / rejection of the order by the AMC. Once the information is provided by the Mutual Funds for the rejection, the Investor will be informed within 2 Business Days.

xi.There may be a possibility of variances in values arising out of delayed data feeds, transmission losses in electronic data, electronic fund transfer, etc. for which Marketgoogly.com /its authorized representatives/ shall not be liable.

xii. You agree to always maintain a clear balance in your Bank Account to cover the purchase price and other costs and charges/quantity of units. You are advised to check your daily fund transfer limits with your Bank before placing the purchase transaction/units in the scheme before placing a purchase/SIP request.

xiii. In absence of sufficient funds (in case of purchase) / lesser quantity of units (in case of sell/ switch), MARKETGOOGLY /its authorised representative/service provider shall not be responsible for the non-execution / rejection of your instructions.

xiv. In case of Redemptions, if the number of Units held by the Customer as per the records maintained by AMC and/or the Authorised Registrar is less than the number of Units requested to be redeemed, then the available units will be redeemed. Wherever redemption of “all” units is specified in the request, all Unit holdings in that Scheme shall be redeemed. All Redemptions shall be subject to the provisions mentioned in the respective Offer Document / Scheme Information Document and addenda thereto issued from time to time.

xvi. You agree that the payment for the transactions undertaken through a payment gateway and Marketgoogly.com /its authorized representatives/ service provider shall not be liable for any failures in the link or for any fraud (either payment gateway's and/or bank' s end ) that could take place at the time of making payment and you shall inform Marketgoogly.com /its authorized representatives/service provider immediately if your bank account is debited and wherein corresponding Units have not been allotted.

xvii. In case of rejection of your purchase request by the mutual fund, the amount will be credited into your bank account only after the receipt of the refund from the relevant Mutual Fund.

xviii. Redemption proceeds and dividend payouts shall get credited directly by the AMC into your bank account provided to Marketgoogly.com. Provided, the bank account provided by you is from the list of banks with which the Mutual Fund has a direct credit arrangement. The list of such banks is mentioned in the Scheme Information Document or Key Information Memorandum (KIM) cum common application form of the respective Mutual Fund.

xix. All the purchase transactions pertaining to mutual funds made on the website shall be allotted an online folio number and you will be able to access the transaction account statement in electronic format. You will receive the Accounts Statements directly from the AMCs/RTAs.

xx. You agree and acknowledge that transactions done through will be tagged with the RIA Code of Marketgoogly.com will be treated as Direct.

xxi. The Customer has unfettered and unrestricted access to the Mutual Fund/ AMC and can transact in the same folio for financial / non-financial transactions without routing the transaction(s) through Marketgoogly.com

xxii. In the event of the termination of the agreement of Marketgoogly.com. with the Mutual Fund/AMCs, we will pass on / make available all your details to the Mutual Fund/AMCs, as are required by them to enable you to deal and interact directly with the AMCs/Mutual Fund from the date of such termination.

xxiii. The payment gateway used for online subscription of units could also include debit card/IMPs. Such a facility is enabled through third party technology service provider and would be available for selects banks and shall be subject to such conditions and limitations as may be applicable from time to time. You may get a levy/ charge separately by your bank, which you must check before availing this facility. However, credit cards will not be accepted for the purchase of mutual funds.

xxiv. There may be applicable exit load/any other charge levied by the Mutual Funds will be chargeable per the Scheme Information Documents (SID) /Key Information Memorandum (KIM) and addendums issued thereto from time to time (collectively referred to as “scheme related documents”). You shall read all the scheme related documents before investing.

xxv. Investments from residents in the United States of America and Canada are not permitted for certain mutual funds. Marketgoogly.com. shall not be liable for rejections of such applications by Mutual Funds, where the investor is a US and Canada resident.

xxvi. Marketgoogly.com. The facility is not offered nor is it intended to serve as a vehicle for frequent trading that seeks to take advantage of short-term fluctuations in the market, hence you agree and acknowledge that the Mutual Funds or its authorized registrars [RTAs] in its sole discretion may reject any purchase or exchange of Unit that it reasonably believes may represent a pattern of market timing activity involving the funds of the Mutual Fund

 

Reverse Feed & Portfolio Reporting Related Conditions

You authorize Marketgoogly.com for receiving the Client’s investment details and reverse feed files from the AMC & RTA/s. You hereby give consent to share/provide the transactions data feed/portfolio holdings/ NAV etc. in respect of your investments under direct plans of all schemes managed by Marketgoogly.com. tagged with the SEBI Registered Investment Adviser Code of Marketgoogly.com.

Instructions for Nomination

i. Nomination shall be mandatory for new folios/accounts opened by individuals especially with sole/single holding and no new folios/accounts for individuals in single holding shall be opened without nomination. However, in case investors do not wish to nominate must sign separately confirming their non-intention to nominate, failing which the form may be rejected at the discretion of the AMC/Mutual Fund.

ii. Unitholder can nominate (in the manner prescribed under the SEBI Regulations, the Units held by him/her shall vest in the event of his/her death. It shall be mandatory to indicate the percentage of allocation/share in favor of each of the nominees against their name and such allocation/share should be in whole numbers without any decimals making a total of 100 percent. In the event of the Unitholders not indicating the percentage of allocation/share for each of the nominees, the AMCs, by invoking the default option shall settle the claim equally amongst all the nominees.

iii. In case of more than one nominee, please obtain additional form & provide the nomination details therein.

iv. Nomination made by unit holder shall be applicable for investments in all the Schemes in the folio or account and every new nomination for a folio or account will overwrite the existing

nomination. Thus, a new nomination request will imply simultaneous cancellation of existing nomination and request for fresh nomination.

v. The nomination can be made only by individuals applying for / holding units on their own behalf singly or jointly in favor of one or more persons. Non-individuals including society, trust, body corporate, partnership firm, Karta of Hindu Undivided Family, holder of Power of Attorney cannot nominate. The nomination form cannot be signed by the Power of attorney (PoA) holders.

vi. In case a folio has joint holders, all joint holders should sign the request for nomination /cancellation of nomination and submit the same in physical form, even if the mode of holding is not "joint".

vii. A minor can be nominated and, in that event, the name and address of the guardian of the minor nominee shall be provided by the unitholder. The Applicant is advised that, in the case of Single Holding, the Guardian to a Minor Nominee should be a person other than the Applicant

viii. Nomination can also be in favor of the Central Government, State Government, a local authority, any person designated by these offices or religious or charitable trust. The Nominee shall not be a trust (other than a religious or charitable trust), society, body corporate, partnership firm, Karta of Hindu Undivided Family, or a Power of Attorney holder

ix. A non-resident Indian can be a Nominee subject to the exchange controls in force, from time to time.

x. Nomination shall not be allowed in a folio/account held on behalf of a minor.

xi. Nomination in respect of the units stands rescinded upon the transfer of units. Transfer of units in favor of a Nominee shall be valid discharge by the AMC against the legal heir.

xii. The cancellation of nomination can be made only by those individuals who hold units on their own behalf single or jointly and who made the original nomination.

xiii. On cancellation of the nomination, the nomination shall stand rescinded and the AMC shall not be under any obligation to transfer the units in favor of the Nominee.

xiv. Mutual Fund requires a physical nomination form to be sent to them to add nominees against your investments. If you need to add nominee(s) for investments with HDFC Mutual Fund, a physical nomination form signed by all the account holders is required

 

T&C for Online Systematic Investment Plans (SIP) through NACH/ECS mandate

i. You understand and acknowledge that there could be a minimum time gap of at least 15 days from the date of submission of physical mandate, to enable the activation/registration of online SIP facility, subject to the successful validation of the mandate by the Banks. Likewise, there shall be a minimum gap of at least 30 days from the date of receipt of the SIP deactivation mandate and the last investment made under SIP.

ii. Upon successful registration of mandate, you can start the online SIP facility for investing in mutual funds a fixed amount of money at a fixed frequency of time based on your convenience and choice.

iii. You grant Authority to Marketgoogly.com/ its authorized payment processing service provider (third-party service provider) to debit your registered Bank Account through National Payments Corporation of India’s NACH (National Automated Clearing House) to enable the collection of the SIP instalments and transferring to the respective AMC’ s bank account. The conditions related to NACH are applicable as and when such a facility is made available.

iv. You agree and acknowledge that to enable you to get the NAV on the SIP date (T date) chosen by you, debit of the SIP amount from your Bank Account shall happen few days before the SIP date (T). e.g. T-2, T-4, etc., depending upon the NACH debit cycle of your Bank, which could vary from location to location, as per NACH mechanism. You understand and acknowledge that Marketgoogly.com/ its third-party service provider shall do a backward calculation from T date and depending upon NACH debit cycle, your account will be debited on T - no. of days, such that on T date (SIP day), the funds reach the respective AMC’s Bank account and the transaction data reach the respective registrar of AMC, to enable them to allot units as per NAV on T date.

v. You agree and shall ensure to keep sufficient funds available in your Bank account at least 7 days prior to the SIP date (T date). You understand and acknowledge that SIP instalment and allotment of units shall be subject to the realization of funds. You shall not hold Marketgoogly.com/its third-party Service Provider liable, in case the SIP instalment process could not be completed due to insufficient funds in Your Bank account on any NACH debit cycle date i.e. on T - no. of days. In such a case, the SIP instalment shall lapse for that T of the month/quarter/half-year/year.

vi. You agree, understand and acknowledge that in the entire process there would be an interim time lag in debiting the money from your Bank Account and the actual transferring / crediting to the respective AMC’s Bank account, as the money after the debited from your Bank Account shall be lying in the NACH debit cycle and / or third party pool account, before the actual transfer of funds to AMC’ s bank account on SIP date.

vii. You can view the units allotted by AMC/registrar on the next day of the SIP date (i.e. SIP day + 1 working day).

viii. I/Client would not like to disclose my complete financial information to Marketgoogly. I understand that due to incomplete information provided, my risk profiling and investment advisory might not be per my actual risk-taking ability.

Viv. I/Client understands that based on the information provided, Marketgoogly will assign me a risk profile, with asset allocation in equity, debt, and cash for mutual fund advisory service only. However, I would like to take a deviation from the recommended asset allocation hereby give my consent or asset allocation of 100% in equity, 100% debt or 100% in Liquid or others and/or buy one or multiple funds of my choice from portfolio advised by Marketgoogly. I understand due to change in asset allocation and investment fund choice my risk profiling and investment advisory might not be per my actual risk-taking ability

x. I/Client shall not hold Marketgoogly responsible for any direct or indirect losses due to non – disclosure of complete financial information by me and/or partial disclosure of my portfolio by me and/or a recommendation or a received asset allocation from Marketgoogly.

 

Refund and cancellation policy

The Client confirms that Marketgoogly shall have the right to withdraw the plan at any time without providing any reason whatsoever and without giving any prior notice. He/ She further confirm that in case of withdrawal of the facility by Marketgoogly proportionate refund will be provided for the balance period, if any.

xii. Payment of fees will only be through online or proper banking channels. No cash receipt will be accepted. The Amount of fee is the consideration for our services. We received your express and implied consent on the point that Fee is reasonable and fair for you.

xiii. We are not bound and liable for your market loss as profits and losses in the mutual fund are subject to market risk. We are not responsible for any future liability arises under the Prevention and Money Laundering Act, 2002 and other similar Act, Regulation, and rules.

xiv. Know your client and risk profiling is also part of the process. This is no guaranteed return product or service. Markets are of risk and can never be eliminated. As per SEBI guidelines, we cannot guarantee the returns too.

xv. We never provide services like profit sharing, guaranteed profit, Sure shot, Jackpot, etc.

xvi. All research that we conduct is based on mutual fund/stock past data available to us based on financial risk ratio and returns. Though this has worked well in the past does not guarantee to work all the time or every time in the future.

Refund Policy Smallcase

 

Upon the termination of the Agreement due to reasons as agreed by both the client and the Adviser, the Investment Adviser shall at its own discretion (as applicable) provide a refund of any balance of the Advisory Fees for which Services have not been provided. Also, on account of auto-renewal, if the user did not wish to continue the subscription, the refund shall be at the discretion of the manager.

 

Sub-Domain Smallcase

The Term of use and agreement applies to all sub-domains of marketgoogly.com

Terms and conditions for Equity Advisory and Small cases

Thank you for selecting the Services offered by marketgoogly.smallcase.com. Kindly review these Terms of Use (hereinafter referred to as " Advisory Agreement") thoroughly. By accepting electronically (for example, clicking "I Agree"), after installing, accessing, or using the Services, you agree to these Terms of Use. You may be able to have access to or use the Services only if you enter into the Advisory Services Agreement.

 

By ordering Services, you are agreeing to these Terms & Conditions

I/Client would not like to disclose my complete financial information to Marketgoogly. I understand that due to incomplete information provided, my risk profiling and investment advisory might not be per my actual risk-taking ability.

I/client hereby give my consent or asset allocation of 100% in equity or buy one or more Marketgoogly small cases of my choice. I understand due to change in asset allocation and my investment choice of equity small cases my risk profiling and investment advisory might not be per my actual risk-taking ability.

I/Client shall not hold Marketgoogly responsible for any direct or indirect losses due to non – disclosure of complete financial information by me and/or partial disclosure of my portfolio by me and/or recommendation received from Marketgoogly.

Marketgoogly shall have no responsibility for any loss incurred from services, decisions/ actions taken on the market for stock transactions, the information provided here is based on our knowledge and we do not ask/force you to take market positions in any particular investment.

This is no guaranteed return product or service. Markets are of risk and can never be eliminated. As per SEBI guidelines, we cannot guarantee the returns too.

Our clients (Paid or Unpaid), Any third party or anyone else have no rights to forward or share our investment ideas or SMS or Report or any information provided by us to/with anyone which is received directly or indirectly by them. If found so then Legal Actions can be taken.

Marketgoogly and their owners, partners, employees, affiliates, agents, representatives, or subcontractors) shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes.

You acknowledge and agree that the Website and the linked backend infrastructure may be inaccessible and/or unavailable at times. In such an event marketgoogly.smallcase.com will not be liable for any damage, liability, action, cause of action, suit, claim, demand, loss, cost, and expense arising directly or indirectly from or in connection with such system inaccessibility and/or unavailability.

If you have any complaints regarding services received from us, please send us an email to support@marketgoogly.com detailing the nature of your complaint. We will acknowledge the complaint within 7 working days and provide a likely timescale for resolving the dispute while keeping you informed about progress. All complaints will be considered highly confidential and will be dealt with as soon as possible.

Unauthorized attempts to upload information, change or delete information on our website or small case or online is strictly prohibited and punishable under the Indian IT Act.

 

 

 

 

Functions And Duties Of The Investment Adviser

The Investment Adviser, in relation to providing services to the Client, undertakes to always abide by the IA Regulations and guidelines, circulars and notifications issued thereunder from time to time.

The Investment Adviser undertakes to always abide by the eligibility criteria as specified under the IA Regulations.

 

The Investment Adviser shall provide a risk assessment procedure to the Client including determination of risk capacity and risk aversion levels.

The Investment Adviser shall provide reports in relation to potential and current investments.

 

The Investment Adviser shall, in relation to each client maintain, know your client, advice, risk assessment, analysis reports of investment advice and suitability, terms and conditions document, rationale of advice, related books of accounts and a register containing list of clients along with dated investment advice in compliance with the IA Regulations.

The Investment Adviser shall conduct compliance audits with respect to itself to ensure that it is in compliance with the IA Regulations in a form and manner as may be prescribed under the IA Regulations from time to time.

The Investment Adviser shall ensure there are adequate compliance and monitoring processes in place for the purposes of client segregation in a form and manner as may be prescribed under the IA Regulations from time to time.

The Investor Advisor undertakes to abide by the code of conduct as specified in Third Schedule of the IA Regulations and such shall be deemed to be incorporated within this Agreement by reference.

Advisory Fee

The Client shall pay the Investment Adviser by way of remuneration for its services such fees as specified at the beginning of this Agreement in accordance with the IA Regulations and relevant guidelines and circulars issued thereunder.

In case, the Investment Adviser is charging the fee on a percentage of AUA basis, the Investment Adviser shall refer the Client’s monthly holding statement as referred to in point 4.3 below for the calculation of the fee.

In case, the Investment Adviser is charging on a percentage of AUA basis, the Client shall bring to the notice of the Investment Adviser any discrepancy in the monthly holding statement shared by the Investment Adviser within 7 days from the date of the statement, failing which it shall be presumed that the Client has confirmed its completeness and correctness. The Client agrees to provide the Investment Adviser with necessary supporting documents related to the AUA, as and when required.

The client shall pay the fee within 7 days from receiving the invoice from the Investment Adviser on the registered email id.

 

The Investment Adviser shall send a receipt evidencing payment of advisory fees by the Client to the Client’s registered email address.

The Advisory Fee shall be paid by the Client to the Investment Adviser by depositing the same in the bank account of the Investment Adviser as may be notified by the Investment Adviser. The Advisory Fee shall not be accepted in cash by the Investment Adviser.

The Investment Adviser confirms that the fees shall always be calculated and charged in accordance with the provisions of the IA Regulations and the guidelines and circulars issued thereunder.

The Client shall be additionally charged all taxes as may be applicable or as may be levied in relation to the consideration payable to the Investment Adviser. It is hereby clarified that the Investment Adviser shall be responsible for payment of income tax and similar levies payable by it.

Formula for the calculating the fee on percentage of AUA basis has been explained below:

 

(Average Investment Value in a month) *(Monthly Charge Ratio), defined as:

Average Investment Value: (Sum of value of investment at the end of a day for all dates in a given month)/(number of invested days in a given month)

Monthly Charge Ratio: (Annual charge ratio/12)

 

Regulation 15A of the IA Regulations provide that investment advisers shall be entitled to charge fees from a client for providing investment advisory services, in the manner as specified by the Securities and Exchange Board of India (“SEBI”). Below are the SEBI guidelines for charging advisory fees as specified in the SEBI Master Circular dated May 21, 2024 (bearing no. SEBI/HO/MIRSD/MIRSD-PoD-1/P/CIR/2024/50), and SEBI Circular dated January 8, 2025 (bearing no. SEBI/HO/MIRSD/ MIRSD-PoD-1/P/CIR/2025/003) as may be amended from time to time. ‘Investment advisers shall charge fees from the clients in either of the two modes:

Assets under Advice (“AUA”) mode

 

The maximum fees that may be charged under this mode shall not exceed 2.5 percent of AUA per annum per client across all services offered by the investment adviser.

The investment adviser shall be required to demonstrate AUA with supporting documents like demat statements, unit statements etc. of the client.

Any portion of AUA held by the client under any pre-existing distribution arrangement with any entity shall be deducted from AUA for the purpose of charging fee by the investment adviser.

Fixed fee mode

 

The maximum fees that may be charged under this mode shall not exceed INR 1,51,000 per annum per client across all services offered by the investment adviser, which will be subject to revision, based on periodic announcements from BSE Ltd. (SEBI Recognized Administrative and Supervisory Body)

General conditions under both modes:

In case “family of client” is reckoned as a single client, the fee as referred above shall be charged per “family of client”.

IA shall charge fees from a client under any one mode i.e. (A) or (B) on an annual basis. IA can change the fee mode for a client at any time, without restriction on the minimum period between two fee mode changes. The maximum fee that can be changed by the IA shall, however, not exceed the higher of the fee

 

limit under the fixed fee mode or 2.5 per cent of AUA per annum per family of client. The fee limit under both modes do not include statutory charges.

If agreed by the client, the investment adviser may charge fees in advance which shall not exceed for period of one year.

In the event of a premature termination of the IA services in terms of agreement, the client shall be refunded the fees for unexpired period. However, IA may retain a maximum breakage fee of not greater than one quarter fee.

The regulatorily prescribed fee limit chargeable by investment advisers shall only apply to individual and HUF clients. These shall not be applicable in case of non-individual clients and accredited investors and in such cases, the limits and modes of fees payable to the investment adviser shall be governed through bilaterally negotiated contractual terms.

For the purpose of charging fee under the AUA mode, AUA shall mean the aggregate net asset value of securities under the purview of SEBI. It is further clarified that the limits on fee chargeable to clients by IAs under both AUA mode and fixed fee mode, shall be applicable only in respect of investment advice related to securities under the purview of SEBI.

For fee collection, the Investment Adviser has not opted for the Centralized Fee Collection Mechanism (CeFCoM), a designated platform/portal administered by a recognized Administration and Supervisory Body (BSE Ltd.). Adoption of CeFCoM is optional in nature, and the Investment Adviser may choose to opt for this mechanism for fee collection at its discretion, based on applicable regulatory requirements from time to time.

The CeFCoM is a transparent payment mechanism, which is being implemented in a phased manner depending on whether an investment adviser has / does not have an end-to-end digital process for client on-boarding, delivery of services to clients, payments of fees and other related processes. CeFCoM intends to inter alia provide the following advantages:

Provides an additional recognition to an investment adviser of being a registered intermediary;

Multiple modes for collection of fees from clients;

Intimation to an investment advisers regarding when a client payment falls due;

Facility to schedule payment of fees as per convenience of the investment adviser and its clients;

Master data of clients and their fee payment status; and

Facility to track payment of fees by a client.

 

Investment Objectives And Guidelines And Risk Factors

Type of securities – curated portfolio services provided by the Investment Adviser under this Agreement would be based on stocks and/or ETFs listed on the Indian Stock Exchanges and/or mutual funds and/or InvITs and/or REITs.

Strategy – recommendation follows a curated portfolio approach where the portfolio composition is reviewed at a fixed frequency based on various quantitative, technical, or fundamental factors to determine the portfolio composition for the next period.

Tax Aspects –

Subject to the applicable taxation laws, in summary, securities of the portfolio will be subjected to short term/long term capital gains tax depending on the holding period of the security. The tax liability of the ETF component of the portfolio,

if any, would depend on the underlying asset class of the ETF. Please note that the tax rates may be revised by the Government of India on a time-to-time basis. When in doubt, please reach out to the Investment Adviser or your tax advisor with respect to tax implications arising out of these investments.

Risk Factors

Please note that investing in securities involves various types of risks that may impact investments. Key risks that can affect all asset classes inter alia include changes in:

Market volatility

General market conditions

Trading volumes/liquidity and settlement periods Interest rates

Rate of inflation

Domestic and/or global political, economic, and financial developments

Policies and/or legal and regulatory frameworks by government and other appropriate authorities

Asset class-specific risks inter alia include:

Risks related to Equity and Equity Linked Investments

Equity shares and equity related instruments are volatile and prone to price fluctuations daily. The price of securities may be affected by factors, such as price and trading volume volatility, currency exchange rates, company specific news and rumors, etc. Midcap and smallcapstocks generally exhibit higher volatility compared to Largecap stocks.

Risk related to investment in Debts, Bonds and Money Market Instruments

Interest Rate Risk: Changes in interest rates may affect valuation of securities, as the prices of securities generally increase as interest rates decline and generally decrease as interest rates rise. Prices of long-term securities generally fluctuate more in response to interest rate changes than prices of short-term securities.

Credit Risk: Credit risk refers to the risk that an issuer of a fixed income security may default or be unable to make timely principal and interest payments on the security. Normally, the value of a fixed income security will fluctuate depending upon the changes in the perceived level of credit risk as well as any actual event of default.

Liquidity Risk: The liquidity of a bond may change, depending on market conditions leading to changes in the liquidity premium attached to the price of the bond. At the time of selling the security, the security can become illiquid.

Risk related to exposure to Equities, Debt, Commodity, or any other asset-class through Exchange Traded Funds (ETFs) or Mutual Funds (MFs)

Sector/Index Risk: ETFs/MFs that track specific sectors or indices are exposed to concentration risks.

Adverse performance in those sectors or indexes can significantly impact returns.

Tracking Errors: While ETFs and passive MFs aim to mirror their benchmark, they may not perfectly track the concerned benchmark, leading to performance deviations due to factors like expenses or liquidity constraints of the underlying constituents of the ETF.

Liquidity Risk: In volatile markets, liquidity for certain ETFs may be low, making it harder to buy or sell units without affecting the price significantly.

Volatility Risk: The performance of MFs/ETFs is prone to the volatility of the market in general and the volatility of the MFs/ETFs’ underlying constituent asset classes. The factors that cause volatility include (but not limited to) change in market sentiments, policy or, regulatory changes or geopolitical tensions.

Interest Rate Risk: For debt-focussed MFs/ETFs, interest rate risk is prevalent. Market value of fixed income securities is generally inversely related to interest rate movement. Generally, when interest rates rise, prices of existing fixed income securities fall and when interest rates drop, such prices increase.

Accordingly, the value of a scheme portfolio may fall if the market interest rate rises and may appreciate when the market interest rate comes down. The extent of fall or rise in the prices depends upon the coupon and maturity of the security. It also depends upon the yield level at which the security is being traded.

Other Risks: In addition to the above, amongst others, depending on the underlying specific composition of each MF/ETF, investing in the units of MFs/ETFs involves various other risks such as settlement risk, default risk, event risk, credit/counter-party risk, prepayment risk, re-investment risk, etc

Risk related to Commodity related Instruments

Risk related to commodity (including gold and silver) related instruments are affected by several factors. The price of a commodity may be affected by factors including its demand-supply dynamics in domestic and global markets, restrictions on the movement/trade of the commodity in domestic and global markets, Indian and foreign exchange rates, large scale transactions in the commodity by governments, central banks and other major institutions, etc.

Risk related to investments in Real Estate Investment Trusts (REITs) and Infrastructure Investment Trusts (InvITs)

Sector Risk: Changes in the real estate and infrastructure sector including changes in applicable laws and regulations can affect the price and volatility of securities/instruments of REITs and InvITs.

Interest Rate Risk: REITs/InvITs usually secure loans at the trust level and subsequently distribute the amount among the underlying special purpose vehicles (SPVs). In case of a rising interest rate environment, debt payment increases for the trust and adversely impacts the cash flow for unitholders. This in-turn reduces cash flow-based valuations of REITs/InvITs.

Credit Risk: Credit risk refers to the risk that an issuer of a REIT/InvIT security/instrument may default on interest payment or even on paying back the principal amount on maturity. Further, valuations may be affected by change in the credit rating assigned to the REIT/InvIT and their SPVs by credit rating agencies.

Asset Transfer/Acquisition Risk: The valuation of REITs/InvITs heavily depend on the underlying assets held by the trust. There is a risk that the transfer or acquisition of these assets, which often relies on sponsors/management commitments, may not materialise as planned. If the assets are not transferred or acquired, the valuation of the trust and future cash flows may be significantly impacted.

Risk of lower-than-expected Distributions: The distribution by a REIT/InvIT will be based on the net cash flows available for distribution. The amount of cash available for distribution principally depends upon the amount of cash that the REIT/InvIT receives as dividends or the interest and principal payments from portfolio assets.

In the light of the risks involved, you should transact in securities only after understanding the associated risks. Please

consider and assess all risk factors and your risk tolerance before making investment decisions.

 

Services Not Exclusive

The services of the Investment Advisor are not exclusive to the Client. The Investment Advisor and any shareholder, employee, 10director, or agent of the Investment Advisor may render similar services to others and engage in additional activities, without any intimation to, or consent of the Client. Provided however that the Investment Advisor as well as any of its directors, employees of associate concerns shall avoid any conflict of interest in relation to the advisory services provided. In the event that, such a conflict of interest does arise, the Investment Adviser shall declare such conflict and, if reasonably possible, ensure that fair treatment on an arm’s length basis as reasonably determined by the Investment Adviser in its sole discretion shall be accorded to the Client. For the avoidance of doubt, the Investment Advisor may, from time to time, have business relationships with companies or corporations in relation to which advisory services have been provided to the Client.

 

 

Duration And Termination

The Agreement shall remain in force till terminated.

 

If the Client is on an auto-renew plan, the agreement will remain in force until the subscription is cancelled by the Client or the Investment Advisor in accordance with this Agreement.

This Agreement may be terminated by either Party by giving a 30 days prior written notice, subject to any applicable breakage fee as specified in Clause 4 of this Agreement.

The Agreement may be immediately terminated by the Investment Adviser:

 

if the Client breaches any material term of this Agreement;

if the Client provides any information that is untrue, inaccurate, not current, or incomplete in any respect or the Investment Adviser has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, or not in accordance with the terms of this Agreement;

if the Client is engaged in spreading mis-information, market rumours, unauthorized distribution/ circulation of the investment advice of the Investment Adviser or any other such similar misconduct;

if the Client is admitted into liquidation (except a voluntary liquidation for the purpose of reconstruction or amalgamation) or commits any act of bankruptcy or if a receiver is appointed in respect of any assets of the Client.

If the Investment Adviser ceases to hold statutory licenses and/or registrations required to provide services as contemplated under this Agreement, then the Client shall have the ability to terminate this Agreement without any further consequences.

In case of suspension of the certificate of registration of the Investment Adviser, the Client shall have the ability to terminate this Agreement.

If the Government or any regulatory body has taken any action on the Investment Adviser then the Client shall have the right to immediately terminate this Agreement.

 

The Agreement will be terminated automatically upon the death of the Client.

9.9 Any advisory fees that have accrued in the manner set out in this Agreement up to the date of the termination shall be paid by the Client to the Investment Adviser within 30 business days from the date of termination of this Agreement.

Pausing Of Smallcase Services By The Client

The Client may, if they so desire, choose to pause the receipt of the Smallcase Services. In such a case, while the Services will continue to be rendered to the Client until the end of the period for which the fee has been paid (“Payment Period”), the payment will not be auto-debited at the end of the Payment Period, and the Services will be paused to be provided.

The Client may, subsequently, resume the Services at the same fees charged for the last Payment Period, subject to receipt of such fee amount within 7 days of opting to resume the Services. In case such payment is not received within the said 7 days, and the Client subsequently wishes to resume the Services, the Client shall not be entitled to resume the Services at the same fees charged for the last Payment Period and will have to resume such Services by paying a fee as may be applicable at the time of such resumption of Services. Notwithstanding anything else contained in this clause 9, to be eligible to resume the Services at the same fees charged for the last Payment Period, the Client shall always have an active mandate.

Limitation Of Liability Of The Investment Adviser

The Investment Adviser shall not be liable towards the Client by reason of any loss, which a Client may suffer by reason of any depletion in the value of the investment and/or ‘assets under advice,’ which may result by reason of fluctuation in asset value, or by reason of non-performance or under-performance of the securities/funds or any other market conditions.

For the purposes of this Agreement, “Assets Under Advice” shall have the meaning ascribed to it under the IA Regulations from time to time.

The Client shall be fully and solely liable for any unauthorised use/distribution/circulation of the services offered by the Investment Adviser to the Client.

Notice

Any notice, instruction, recommendation, or other communication to be given hereunder shall be in writing and delivered by e-mail addressed to the Party for which it is intended. A communication sent by email shall be deemed to have been received at the close of business on the day on which it is sent. In providing service by e-mail, it shall be sufficient to show that the email was properly addressed to the intended recipient.

Whenever, pursuant to any provision of this Agreement, any notice, instruction, recommendation or other communication is given to either Party, the Client or the Investment Adviser (as the case may be) may accept as sufficient evidence thereof a document signed or purporting to be signed by such person or persons as shall be authorised from time to time in that behalf by the Client or the Investment Adviser (as the case may be).

Assignment

This Agreement may not be assigned by either Party without the written consent of the other Party.

 

 

General Terms

The Investment Adviser shall not seek any power of attorney or authorizations from the Client for automatic implementation of investment advice and nothing in this Agreement shall be construed as conferring a power of attorney or such rights by the Client on the Investment Adviser.

Any amendment to the terms hereof shall be effective only if agreed to in writing between the Client and the Investment Adviser.

No failure on the part of any Party to exercise, and no delay in exercising, any right or remedy under this Agreement will operate as a waiver thereof nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

The illegality, invalidity, or unenforceability of any provision of this Agreement under the laws of any jurisdiction shall not affect its legality, validity, or enforceability under the laws of any other jurisdiction nor the legality, validity, or enforceability of any other provision.

Other than as specifically permitted under this Agreement, the Client shall not publish, disseminate, or broadcast advertisements, circulars or other publicity material referring to the other Party without the prior consent of such Party, which shall not be unreasonably withheld.

Nothing herein contained shall be deemed to create or constitute a partnership between the Parties hereto. This Agreement may only be varied with the written agreement of both Parties. This Agreement may be entered into in any number of counterparts, each of which when executed and delivered shall be an original.

No Person who is not a party to this Agreement shall have any right to enforce the terms of this Agreement.

Each party agrees to perform such further actions and execute such further agreements as are necessary to effectuate the purposes hereof.

Except as already provided in the clauses of this Agreement, the implications / consequences of any amendment, assignment or termination of this Agreement in relation to, inter-alia, set-off of fees received by the Investment Adviser, refund of fees, completion / termination of services already rendered, transition support, etc., shall be such as may be communicated by the Investment Adviser to the Client, at the time of any such amendment, assignment, or termination.

Whole Agreement

This Agreement together with any document annexed hereto or referred to herein constitutes the entire Agreement between the Parties in relation to the subject matter hereof and supersedes all prior understandings, arrangements, representations, proposals, or communications between the Parties whether written or oral.

Severability

In the event that any term, condition or provision of this Agreement is held to be in a violation of any applicable law, statute or regulation the same shall be deemed to be deleted from this Agreement and shall be of no force and effect and this Agreement shall remain in full force and effect as if such term, condition or provision had not originally been contained in this Agreement.

Notwithstanding the foregoing in the event of such deletion, the Parties shall negotiate in good faith to agree on the terms of a mutually acceptable and satisfactory alternative provision in place of the provision so deleted

Grievance Redressal And Dispute Resolution

In the event of any grievance arising out of or relating to the terms of this Agreement, the Client may reach out to the contact details provided in the clauses below and the Investment Adviser shall be responsible to resolve the grievance promptly but not later than a period of 21 calendar days from the date of receipt of such grievance or such time period as may be prescribed by SEBI from time to time. If the grievance is not redressed satisfactorily, the Client may, in accordance with the guidelines, escalate the same through the SCORES Portal in accordance with the procedure specified by SEBI. Alternatively, the Client can initiate dispute resolution through the , a dispute resolution mechanism that includes mediation and/or conciliation and/or arbitration, in accordance with the procedure specified by SEBI.

The Client acknowledges, understands, and declares that the Client will have no recourse from SEBI for any grievance whatsoever, in respect of non-advisory service, advisory services provided (if any) by the Investment Adviser in relation to the products or services that are outside the regulatory purview of SEBI, and grievances related to such products or services.

Force Majeure

The Investment Adviser shall not be liable for delays or errors occurring by reason of circumstances beyond its control, including but not limited to acts of civil or military authority, national emergencies, work stoppages, fire, flood, catastrophe, acts of God, insurrection, war, riot, or failure of communication or power supply. In the event of equipment breakdowns beyond its control, the Investment Advisor shall take reasonable steps to minimize service interruptions but shall have no liability with respect thereto.

Indemnity Liability

You agree to keep indemnified and hold Marketgoogly.com./ its authorized representatives, service providers, Mutual Funds, Asset Management Companies and their officers and agents free and harmless at all times, against all monetary and other harm, injury, costs, losses, liabilities, damages, charges, actions, legal proceedings, claims and expenses and consequences including without limitation any costs between attorney and client, whether direct or indirect, because of using Marketgoogly.com account and/or doing and/or omitting to do anything per the Terms specified herein or any instructions relating to the online dealing in mutual funds through Marketgoogly.com.

You agree that Marketgoogly.com. / Its authorized representatives’/service providers, Mutual Funds, Asset Management Companies, and their officers and agents are not liable for any loss caused through a fall in the value of investments / NAV, etc which can go up or down depending on the factors and forces affecting capital markets or any indirect, special, or consequential loss you might suffer.

You agree not to hold Marketgoogly.com./ its authorized representatives/service providers liable for any loss or damage caused because of failure/refusal or delay of the mutual fund to deliver any units purchased even though payment has been effected for the same or failure/refusal or delay in making payment in respect of any units sold though they may have been delivered and you shall save Marketgoogly.com./ its authorized representatives/service providers harmless and free from any claim in respect thereof.

Marketgoogly.com. / Its authorized representatives’/service providers shall also not be liable for any delay, failure or refusal of the Mutual Funds or its authorized agent / RTAs in registering or transferring units to your names of for any interest, dividend or other loss caused to you arising therefrom.

a. Any delay or failure in processing the transactions carried out by you due to any system failure or for any other reason whatsoever.

b. For any loss or damage incurred or suffered by you due to any error, defect, failure, or interruption in the dealing arising from or caused by any reason whatsoever.

c. For any fraud, negligence/mistake, or misconduct by you including failure to comply with the KRA/KYC norms or provision of a valid PAN or PMLA requirements.

d. for any breach or non-compliance by you of these Terms.

e. For not permitting you to deal after such reasonable verification as Marketgoogly.com. /Its authorized representative may deem fit.

f. For permitting any person who provides Marketgoogly.com. / Its authorized representatives/service providers with the password to deal with Marketgoogly.com. Account. Marketgoogly.com. / Its authorized representatives/service providers shall be under no obligation to further ascertain your identification at the time.

g. For any loss or damage incurred or suffered by you due to withdrawal or termination or suspension of the dealing facility arising from or caused by any reason whatsoever. Notwithstanding anything contained herein, Marketgoogly.com shall incur no liability to the Client for any act, done or omitted to be done, in good faith and with bona fide intentions, because of: any provision of any Applicable Law; or any decree, order or judgment of any court; it becoming impossible or impracticable for Marketgoogly.com to carry out any of the provisions of this Agreement

You agree that this undertaking shall be valid until such time you have not expressly informed in writing that you do not wish to deal or transact any longer and it shall be also valid in respect of any claims made on account of or relating to your dealing with Marketgoogly.com

The maximum liability of Marketgoogly.com. / Its authorized representatives/service providers to you shall not exceed the amount of Financial Planning, Advisory Service Fees or Execution Service Fees paid by you for availing the services through the Website.

The liability of the Investment Adviser towards the Client for smallcase shall be limited to the advisory fees as received by the Investment Adviser for a period of 2 preceding months from the date on which the claim in relation to actions of proven fraud, gross negligence, willful default in connection with discharge of duties of the Investment Adviser arises.

If any third parties gain access to the Services offered by the Investment Adviser to the Client, the Client will be responsible and shall indemnify the Company against any liability, costs or damages arising out of such misuse / use by third parties based upon or relating to such access and use, or otherwise. The Client shall keep the Investment Adviser indemnified from and against all liability (including but not limited to liabilities, judgments, damages, losses, claims, costs, and expenses,) or any other loss that may occur, arising from or relating to any claim, suit or proceeding brought against the Investment Adviser by another client/third party for reasons including, but not limited to a breach, non-performance, non-compliance or inadequate performance by the Client of any of the terms, conditions, representations, obligations or warranties made by him/her/it; (ii) any acts, errors, misrepresentations, willful misconduct or negligence of the Client, or his employees, subcontractors and agents in performance of their obligations under these Terms.

Client Information And Kyc

The Client shall furnish all such details in full as may be required by the Investment Adviser in a standard form with supporting details, if required, as may be made mandatory by SEBI from time to time. The Investment Adviser may check the KYC records of the Client with the KYC Registration Agency, as may be specified by SEBI from time to time. The Client consents to give permission to the Investment Adviser for fetching his/her KYC records.

Confidentiality

Marketgoogly.com shall make reasonable efforts to keep all the information relating to your dealings through the Marketgoogly.com account confidential. Provided however that the Marketgoogly.com shall be entitled to disclose any information or particulars pertaining to you to any authority, statutory or otherwise as may be required by law or third-party service provider required to affect the transactions requested by you.

 

Suspension & Termination

i. The Marketgoogly.com facility/services may at any time be suspended/disallowed/modified for such reason and for such time as deem fit like inactive/dormant user id, noncompliance of the terms stated herein, death, insolvency, the bankruptcy of the investor, any other cause arising out of the operation of law or such other reason as deems proper.

ii. Marketgoogly.com facility may be terminated by giving you 30 days intimation/notice to your registered e-mail id or by way of SMS to your registered phone number. You may terminate the dealings at any time by writing to Marketgoogly.com or deactivating your user id and password. In either case, you are required to give prior written notice of 15 days. In the event of termination for any reason whatsoever, you shall be liable to pay all outstanding charges and dues, if any.

iii. In case you cease to be a client of Marketgoogly.com then all your details will be provided to the Mutual Fund/AMCs and as is required by them to enable you to deal and interact directly with the AMCs/Mutual Fund

 

Amendments

These terms and conditions may be amended for such reason as is deemed fit and proper including but not limited to comply with changes in law or regulation, correct inaccuracies, omissions, errors, or ambiguities, reflect changes in the process flow, scope, and nature of the services, company reorganization or Investor requirements.

 

Intellectual Property Rights

All rights to this Website, the content displayed on the website and / or for providing Marketgoogly.com account facility and/or technology (in any form) made available to you as a part of or in conjunction with the Services are the intellectual or proprietary properties of Marketgoogly.com. This intellectual property in all material provided on the website (excluding any applicable third-party materials) is held by Marketgoogly.com unless otherwise stated. Except as expressly permitted herein or on the website, none of the material provided on the website may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transferred, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the Marketgoogly.com. Further, you shall not transfer, reverse engineer, decompile, disassemble, modify, or create derivate works based on the materials provided on the Website.

The logo, copyright, trademarks, service marks, registered designs, database rights, patents, and all similar rights in and relating to the website arising or subsisting in any country in the world and the information contained in it are owned by Marketgoogly.com, its licensors or relevant third-party content providers. Nothing on the website should be construed as granting, by implication, estoppels or otherwise, any license or right to use any trademark displayed on the website without the written permission of Marketgoogly.com or its relevant affiliate.

You also agree not to use any information available on the website for any unlawful purpose, and you shall comply with all instructions and directions issued if any to protect the respective rights in the information.

Disclaimer

I. Mutual Fund investments are subject to market risks, read all scheme related documents carefully before investing. Marketgoogly shall have no responsibility for any loss incurred from services, decisions/ actions taken on the market for mutual fund recommendation and transaction, the information provided here is based on our knowledge and we do not ask/force you to take positions in any particular investment

ii. The data, reports, and information provided on the website do not constitute investment advice and therefore should not be relied upon while taking investment decisions. You are therefore advised to obtain applicable legal, accounting, tax or other professional advice or services before taking an investment decision. The Client understands that the data, information if any is provided on an "As Is" basis by Marketgoogly.com and that use of this service is at his /her own risk.

iii. Further, he/ she understands that Marketgoogly.com does not warrant completeness or accuracy of the information provided and Marketgoogly.com shall not be responsible or liable for any losses incurred by them for acting based on the views expressed under this service. Further, he/she agrees that Marketgoogly.com shall not be liable for errors, omissions disruption, delay, interruption, and failure in providing the service for reasons beyond its control.

iv. The transaction/execution services and the data, reports, information, and recommendations, if any, provided in connection with the same are incidental to the distribution services of Marketgoogly.com, and shall not in any manner be constructed as offering of any kind of investment advisory services or any kind of legal, tax or financial advice. The investment decision, if any, will be taken by you in your sole and absolute discretion.

v. All benefits on investments will be as per the provisions of Income Tax Act 1961 as amended from time to time.

vi. This service does not constitute an offer to buy or to sell or a solicitation to any person in any jurisdiction where it is unlawful to make such an offer or solicitation.

viii. Marketgoogly.com /its authorized representative/service providers are not responsible for any omissions, errors or investment consequences arising from the use of the materials available on the website. Whilst every reasonable precaution has been taken to ensure the accuracy, security, and confidentiality of data and information available through the Marketgoogly.com Account, Marketgoogly.com /its authorized representative/its service provider shall not be held responsible for any consequence of any action carried out by you.

ix. The services/facility may suspend or withdrawn at any time, and you acknowledge that the Marketgoogly.com account is also subject to interruption.

x. You acknowledge and agree that the Website and the linked backend infrastructure may be inaccessible and/or unavailable at times. In such an event Marketgoogly.com will not be liable for any damage, liability, action, cause of action, suit, claim, demand, loss, cost, and expense arising directly or indirectly from or in connection with such system inaccessibility and/or unavailability.

xi. Marketgoogly.com makes no express or implied warranty: a. that the dealing through Marketgoogly.com account will be uninterrupted or free from errors or that any identified defect will be corrected

b. in relation to non-infringement of any third-party rights, merchantability, satisfactory quality or fitness for a particular purpose.

x. Marketgoogly.com /its authorized representative and its service provider shall not be liable for any loss or damage or other consequences arising from any suspension, breakdown, withdrawal, interruption, technical flaw, the presence of a virus or other malicious, destructive or corrupting code, programs over the Marketgoogly.com Account or otherwise and any consequent delay or failure in completion of any payment or other instructions as a consequence thereof arising from the use or inability to use the Marketgoogly.com Account.

xi. Marketgoogly.com /its authorized representative and its service provider shall not be liable for any failure to perform any of its obligations or service standards etc if the performance is prevented, hindered or delayed by a Force Majeure Event, which includes any event due to any cause beyond the reasonable control including, without limitation, unavailability of any communication system including the Internet, breach or virus in the processes or payment 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, unauthorized access to computer data and storage devices, computer crashes, breach of security and encryption codes.

xii. Marketgoogly.com may provide information concerning the purchase/sale of financial instruments based on such internal risk assessment. However, this risk assessment is for internal purposes alone and advice provided to the Client/ investment profile prepared for the Client is based on the information as shared by the Client and per the risk profiling and suitability measures as undertaken by Marketgoogly.com.The Client is not bound to act on the investment profile prepared by Marketgoogly.com and in the event, the Client acts based on the advice or information provided by Marketgoogly.com, Marketgoogly.com shall not be responsible for any consequences that may ensue. Any suggested investment is based on the information provided by the Client and is only one of the many combinations of investments that may be suggested to someone with the Client's risk profile. The information provided by Marketgoogly.com to the Client is as per what Marketgoogly.com deems fit to be appropriate for the Client, based on the data shared by the Client and the risk assessment done by Marketgoogly.com. Further, please note that while Marketgoogly.com will take into account your investment objectives and financial goals as shared by you and recommend investments in line with your risk appetite, there may be other clients of Marketgoogly.com, who may be provided with similar investment profiles, especially in light of the algorithm software and technology being utilized by Marketgoogly.com for rendering investment advisory services. The client will not solely rely on the views, representations (whether written or oral or otherwise), recommendations, opinions, reports, analysis, information or other statement made by Marketgoogly.com.

xiii. Marketgoogly.com or any of its agents, directors, officers or employees and that the Client will make the Client's own assessment and rely on the Client's own judgment in making any investment decision. In the event that the Client seeks to invest according to the information or recommendation provided by Marketgoogly.com, the Client shall do so at its/his/her own risk, and should consider its/his/her financial situation, objectives and needs and consult with its/his/hers legal, business, tax and/or other professional advisors to determine the appropriateness and consequences of such an investment. The Client may, at his/her/its discretion, opt not to follow the investment/product/recommendations provided by Marketgoogly.com, irrespective of whether they are in line with the objectives/requirements specified in this document or the assessment derived from the details provided herein. Marketgoogly.com does not assure or guarantee any returns in relation to the investment profile it may generate.

xiv. Marketgoogly.com and/or any of its subsidiaries/group companies/agents/vendors along with all their Directors/officers/employees and agents shall not be responsible for the amount/value of profit earned / loss incurred by the Client or its variance from the mean / any other ratio used to evaluate the returns from the mutual funds/ market / alternate products/portfolios, that the Client may have earned. Third-Party Investment products are not obligations of or guaranteed by Marketgoogly.com or any of its affiliates or subsidiaries, and are subject to investment risks and foreign exchange risks, including the possible loss of the principal amount invested. This document does not constitute the distribution of any information or the making of any offer or solicitation by anyone in any jurisdiction in which such distribution or offer is not authorized or to any person to whom it is unlawful to distribute such a document or make such an offer or solicitation. Investment products may not be available in all jurisdictions.

xv. The Client shall notify Marketgoogly.com of any material change in its/his/her situation and/or profile and Marketgoogly.com is entitled to rely on the most recent information provided by the Client.

xvii. The Client understands that the information under the plan shall be provided online on Marketgoogly.com, his/her email id and mobile number registered with Marketgoogly.com. In case of any change in his/her email id and/or mobile number, he/she shall inform Marketgoogly.com in advance in the prescribed format to carry out the necessary changes in its records. He/ She confirms that the information/details provided by him /her are true, accurate, correct, and complete.

xviii. The Client confirms that Marketgoogly.com shall have the right to withdraw the plan at any time without providing any reason whatsoever and without giving any prior notice. He/ She further confirm that in case of withdrawal of the facility by Marketgoogly.com proportionate refund will be provided for the balance period, if any.

xix. The Client is aware that in the process of subscribing to the Plan by him /her, Marketgoogly.com may obtain information including that of a confidential nature and that this information will be used by Marketgoogly.com for its internal purposes and will be kept confidential. He/ She understands that Marketgoogly.com reserves the right to disclose personal information where it believes in good faith that such disclosure is required by law.

xx. The Client agrees to be contacted by Marketgoogly.com and its representatives over the phone or on registered email id regarding the service.

xxi. The Client agrees not to use or disclose the information provided under the service to any third party including any discussion Forums or for any unauthorized illegal purpose. He/ She also agrees to use the information provided under the plan strictly for personal purposes. He/ She shall not recompile, disassemble, copy, modify, distribute, transmit, display, perform, reproduce, publish or create derivative works from, transfer, or sell any information, services, etc. accessed under this plan or otherwise. By viewing the contents of this plan, he/she agrees that any unauthorized use shall be unlawful and may subject to civil or criminal penalties.

xxii. The Client agrees & confirms that if his/her mobile number is registered in the Do Not Disturb (DND) list of TRAI, he/she may not receive SMS from Marketgoogly.com. He/ She shall take steps to deregister from the DND list and shall not hold Marketgoogly.com liable for non-receipt of SMS in the interim period.

xxiii. The Client confirms having read, accepted and understood the features of the subscription plan, applicable charges, privacy policy, related FAQs, and the Standing Instructions.

xxiv. The Client agrees to the above Terms & Conditions and hereby authorize Marketgoogly.com to debit his Bank Account linked to his/her Marketgoogly.com account towards subscription charges (including taxes).

xxv. The Client understands that he/she can close the Marketgoogly.com account or unsubscribe to any services anytime by writing an email to support.

 

Terms Of Service

By accessing the website marketgoogly.smallcase.com, you are agreeing to be bound by these terms of service, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

Use License

Permission is granted to temporarily download one copy of the materials (information or software) on Marketgoogly website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:

Modify or copy the materials;

Use the materials for any commercial purpose, or any public display (commercial or non-commercial);

Attempt to decompile or reverse engineer any software contained on Marketgoogly website;

Remove any copyright or other proprietary notations from the materials; or

Transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Marketgoogly at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer

The materials on the marketgoogly.smallcase.com website is provided on and as is' basis. Marketgoogly makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Marketgoogly does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall marketgoogly.smallcase.com or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Marketgoogly website, even if Marketgoogly or Marketgoogly authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy Of Materials

The materials appearing on marketgoogly.smallcase.com website could include technical, typographical, or photographic errors. Marketgoogly does not warrant that any of the materials on its website are accurate, complete, or current. Marketgoogly may make changes to the materials contained on its website at any time without notice. However, Marketgoogly does not make any commitment to update the materials.

Links

Marketgoogly has not reviewed all the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Marketgoogly of the site. Use of any such linked website is at the user's own risk.

Modifications

Marketgoogly may revise these terms of service for its website at any time without notice. By using this website, you are agreeing to be bound by the then current version of these terms of service.

Cookies

Cookies are small pieces of data that are stored on your computer, mobile phone, or other devices. Pixels are small blocks of code on web pages or emails that do things like allow another server to measure viewing of a web page or email and are often used in connection with cookies. HTML5 Local Storage is a small database located inside your browser, which web pages can use to store data to speed up their processing. We may use all three technologies from time to time, to help improve your user experience.

Cookies do lots of different jobs, like letting you navigate between pages efficiently, storing your preferences, and generally improving your experience of our Website, Apps and Newsletters. Cookies make the interaction between you and our Website, Apps, and Newsletters faster and easier. We use cookies to distinguish you from other users of the Website, Apps and Newsletters and our Services. This helps us to provide you with a good experience when you use the Website, Apps, and Newsletters and allows us to improve the Website, Apps and Newsletters and Services. Cookies and other things like local storage also help us authenticate you to deliver personalized content to you. As you use your device, you will encounter third parties that make use of cookies and similar technologies. We are not responsible for those third parties or what they may place on your device or in your browser. Please refer to your device's help material to learn what controls you can use to remove or block cookies. Please remember that if you do this, it may affect your ability to use the Website, Apps, and Newsletters and/or the Services.

 

Disclosures By The Investment Adviser

Investment in securities market are subject to market risks. Read all the related documents carefully before investing. Registration granted by SEBI, membership of BSE Ltd., and certification from NISM in no way guarantee the performance of the intermediary or provide any assurance of returns to investors.

The Investment Adviser (IA) shall only accept payments towards its fees for Investment Advisory Services and is not permitted to accept funds or securities in its account on the Client's behalf.

 

The IA does not guarantee returns, accuracy, or risk-free investments. All advice is subject to market risks, and there is no assurance of any returns or profits.

 

Any assured/guaranteed/fixed returns schemes or any other schemes of similar nature are prohibited by law. No scheme of this nature shall be offered to the Client by the IA.

Investment advice, only related to securities shall fall under the purview of SEBI. In case of any services offered by IA related to products/services not under the purview of SEBI, IA shall make disclosure to the Client and take appropriate declaration and undertaking from the Client that such products/services and the services of IA in respect of such products/services do not come under regulatory purview of SEBI and that no recourse is available to the Client with SEBI for grievances related to such products/services or services of IA in respect of such products/services.

 

This Agreement is for the investment advisory services provided by the IA and IA cannot execute/carry out any trade (purchase/sell transaction) on behalf of the Client without his/her/its specific and positive consent on every trade. Thus, the Client is advised not to permit IA to execute any trade on his/her/its behalf without explicit consent.

 

The fee charged by IA to the Client will be subject to the maximum amount prescribed by SEBI/Investment.

 

Adviser Administration and Supervisory Body (IAASB) from time to time (applicable only for Individual and HUF Clients). Note:

The current fee limit under Fixed Fee mode is Rs 1,51,000/- per annum per family of the Client. Under Assets under Advice (AUA) mode, maximum fee limit is 2.5 per cent of AUA per annum per family of Client.

The IA may change the fee mode at any time with the Client's consent; however, the maximum fee limit in such cases shall be higher of fee limit under the fixed fee mode or 2.5 per cent of AUA per annum per family of Client.

The fee limits do not include statutory charges.

The fee limits apply only for investment advice related to securities under purview of SEBI.

The fee limits do not apply to a non-individual client / accredited investor.

 

Fees to IA may be paid by the Client through any of the specified modes like cheque, online bank transfer, UPI, etc. Cash payment is not allowed. Optionally the client can make payments through Centralized Fee Collection Mechanism (CeFCoM), managed by BSE Limited (i.e. currently recognized IAASB).

 

The IA is expected to know the Client's financial details for providing Services. Hence, the Client is required to share the financial information (e.g. income, existing investments, liabilities, etc.) with the IA.

The IA is required to carry out the Client's risk profiling and suitability analysis before providing Services and thereafter on an ongoing basis. The Services provided will be in line with the assessed risk profile. IA shall also communicate the assessed risk profile to the Client.

 

As part of conflict of interest management, the Client or the Client's family members will not be provided any distribution services by IA or any of its group entity/ family members. IA shall, wherever available, advice direct plans (non-commission based) of products only. The IA shall endeavor to promptly inform the Client of any conflict of interest that may affect the services being rendered to the Client.

 

The SEBI registration, enlistment with IAASB, and NISM certification do not guarantee the performance of IA or assure returns to the Client.

 

Clients are required to keep contact details, including email id and mobile number/s updated with the IA at all times.

 

The IA shall never ask for the Client's login credentials and OTPs for the Client's Trading Account, Demat Account and Bank Account. Never share such information with anyone including IA.

 

For Any Grievances,

 

Step 1: The client should first contact the IA using the details on its website

 

Step 2: If the resolution provided by IA is unsatisfactory, the client can lodge grievances through SEBI’s SCORES platform at

Step 3: If the client remains dissatisfied with the outcomes of the SCORES complaint, the client may consider the Online Dispute Resolution (ODR) through the Smart ODR portal at

 

Obligor

In the event of the death or permanent disability of the Investment Advisor, such Investment Advisor shall appoint legal heirs(“Obligor”) as the person-in-charge Pan Card Number ALCPD4023F and 9577342955. Upon the death or permanent disability of the Investment Advisor, the Obligor shall (a) give notice to all clients of the occurrence of the eventuality and provide confirmation of having taken charge over by the Obligor; (b) settlement of account with the Client; (c) completion of transition of any outstanding business to another duly registered investment adviser as may be appointed by the Client in its sole discretion; and (d) redressal of any outstanding or new disputes and/or claims of Clients.

Place Of Arbitration

 

The seat of arbitration shall be Guwahati, Assam, India. These terms shall be construed per the laws prevalent in India and are subject to SEBI guidelines, circulars, press releases or notifications that may be issued by SEBI from time to time or the Government of India, to regulate the activities of RIAs (Registered Investment Advisors).

 

Risk Profiling

The Investment Profile of the Client is prepared by Marketgoogly and is based on marketgoogly.smallcase.com understanding of assessing risk and suitability in line with the objectives and requirements of the Client, as per the details/information provided by the Client. Marketgoogly may use the information provided herein to undertake an internal "risk assessment" of the Client. The series of questions herein may help Marketgoogly to appraise the Client's risk profile.

While undertaking the process of risk profiling Marketgoogly may make certain assumptions and use certain industry-accepted norms and parameters. It may be noted that in case certain other parameters or methods are used, the risk profiling may lead to a different result. Hence, for instance, it may not be possible to state that the outcome of the risk assessment is precise and will be the same under all circumstances.

Please note that the questions are only meant to be a guide to help determine the Client's profile and shall not be conclusive. The Client is required to ensure that the Client has provided accurate and complete information. The Client is aware, acknowledges and agrees that if the Client provides inaccurate and/or incomplete information, and/or chooses not to disclose certain information, such action will adversely affect the results of the risk assessment.

Marketgoogly.com may provide information concerning the purchase/sale of financial instruments based on such internal risk assessment. However, this risk assessment is for internal purposes alone and advice provided to the Client/ investment profile prepared for the Client is based on the information as shared by the Client and per the risk profiling and suitability measures as undertaken by Marketgoogly.com.The Client is not bound to act on the investment profile prepared by Marketgoogly.com and in the event, the Client acts based on the advice or information provided by Marketgoogly, Marketgoogly shall not be responsible for any consequences that may ensue.

Any suggested investment is based on the information provided by the Client and is only one of the many combinations of investments that may be suggested to someone with the Client's risk profile. The information provided by Marketgoogly to the Client is as per what Marketgoogly deems fit to be appropriate for the Client, based on the data shared by the Client and the risk assessment.

Marketgoogly or any of its agents, directors, officers, or employees are not responsible that the Client will make the Client's own assessment and rely on the Client's own judgment in making any investment decision. If the Client seeks to invest according to the information or recommendation provided by Marketgoogly, the Client shall do so at its/his/her own risk, and should consider its/his/her financial situation, objectives and needs and consult with its/his/hers legal, business, tax, and/or other professional advisors to determine the appropriateness and consequences of such an investment.

The Client may, at his/her/its own discretion, opt not to follow the investment/product/recommendations provided by Marketgoogly, irrespective of whether they are in line with the objectives/requirements specified in this document or the assessment derived from the details provided herein. Marketgoogly does not assure or guarantee any returns in relation to the investment profile it may generate.

The Client shall notify Marketgoogly of any material change in its/his/her situation and/or profile and Marketgoogly is entitled to rely on the most recent information provided by the Client.

The Client understands that the information under the plan shall be provided online on Marketgoogly, his/her email id and mobile number registered with Marketgoogly. In case of any change in his/her email id and/or mobile number, he/she shall inform Marketgoogly in advance in the prescribed format to carry out the necessary changes in its records. He/ She confirms that the information/details provided by him /her are true, accurate, correct, and complete.

The Client is aware that in the process of subscribing to the Plan by him /her, Marketgoogly may obtain information including that of a confidential nature and that this information will be used by Marketgoogly for its internal purposes and will be kept confidential. He/ She understands that Marketgoogly.com reserves the right to disclose personal information where it believes in good faith that such disclosure is required by law.

The Client agrees to be contacted by Marketgoogly and its representatives over the phone or on registered email id regarding the service.

The Client agrees & confirms that if his/her mobile number is registered in the Do Not Disturb (DND) list of TRAI, he/she may not receive SMS from Marketgoogly. He/ She shall take steps to deregister from the DND list and shall not hold Marketgoogly liable for non-receipt of SMS in the interim period.

The Client agrees not to use or disclose the information provided under the service to any third party including any discussion Forums or for any unauthorized illegal purpose. He/ She also agrees to use the information provided under the plan strictly for personal purposes. He/ She shall not recompile, disassemble, copy, modify, distribute, transmit, display, perform, reproduce, publish, or create derivative works from, transfer, or sell any information, services, etc. accessed under this plan or otherwise. By viewing the contents of this plan, he/she agrees that any unauthorized use shall be unlawful and may subject to civil or criminal penalties.

Investments in the securities market are subject to market risks. Read all the documents carefully before investing. Registration granted by SEBI, membership of BASL, and certification from NISM in no way guarantee the performance of the intermediary or provide any assurance of return.

The Client confirms having read, accepted, and understood the features of the subscription plan, applicable charges, privacy policy, related FAQs.

The Client agrees to the above Terms & Conditions and hereby authorize Marketgoogly to debit his Bank Account towards subscription charges (including taxes).

License Holder Details:

License Holder Name: Khushboo Dhanuka

Brand Name: Marketgoogly

SEBI Registration No - INA300012547

Registered Address – 101, Kiranshree Apartment, Narayan Nagar, Guwahati, Assam -781009

Telephone - +91-9957556611

Support email - support@marketgoogly.com

Compliance officer : Khushboo Dhanuka ; Email - marketgoogly@gmail.com

Grievance officer : Khushboo Dhanuka ; Email - marketgoogly@gmail.com

SEBI Recognized supervisory body - BASL

Membership ID - 1731