Note: By registering, browsing, accessing, downloading, and/or using the Midfin360 Platform either for general purpose or for specific purpose, You are agreeing to and entering into a legally binding agreement with Midfin360. Please read these Terms and Conditions carefully.
Welcome, and thank you for using Midfin360! When you use Midfin360 Platform, You are agreeing to be governed by the Terms and Conditions contemplated herein below read with our Privacy Policy, the terms and condition (if any) specific to the products and/or services availed by You. We sincerely recommend you take a few minutes to read over and familiarize Yourself with the Terms and Conditions described below.
PLEASE READ THROUGH THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING MIDFIN360 PLATFORM (i.e., THE SITE AND/OR ITS MOBILE APPLICATION)
The website www.midfin360.com ("Website") and the mobile application Midfin360 ("Mobile App") is owned, operated, and managed by MidFin Wealth, having its registered office located at #1B, M&M Building, 31, VLK Garden, Kalapatti Road, Coimbatore - 641048.
These Terms is an electronic record in the form of an electronic contract formed under Information Technology Act, 2000 and rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. These Terms does not require any physical, electronic or digital signature.
Please note that your browsing, accessing, downloading, and/or using Midfin360 Platform are subject to the terms and conditions stated herein; if You do not agree to any or all of the following terms and conditions, You should not use or access the Midfin360 Platform and/or Midfin360 Platform Services in any manner.
DEFINITIONS
a. "We", "Us", "Our", "MidFin Wealth"
shall refer to MidFin Wealth and its affiliates.
b. "You", "Yours", "Yourself", "User", "Midfin360 User"
refers to any individual, non-individual or corporate body.
c. "Group Entities"
shall mean affiliates, holding and subsidiaries of MidFin Wealth.
d. "Government Authority"
shall mean any national, state, local, provincial, municipal, district or other sub-division governmental authority, statutory authority including Securities and Exchange Board of India (SEBI), Reserve Bank of India (RBI), Insurance Regulatory Development Authority of India (IRDAI), Pension Fund Regulatory and Development Authority (PFRDA), administrative authority including stock exchanges such as NSE, BSE, commission, board, tribunal or court or other law, rule or regulation making entity or competent authority.
e. "Midfin360 Platform"
shall mean and include Mobile App and Website under brand names Midfin360 owned, operated, and managed by MidFin Wealth.
f. "Midfin360 Platform Services"
shall include services and products offered via Midfin360 Platform including but not limited to distribution of Mutual Funds, facilitating in NPS (National Pension System), tracking of your investments such as mutual funds, portfolio management, and related financial services.
g. "Third Party Service Provider(s)"
means and includes MidFin Wealth, vendors, business partners, banks, AMCs, NBFCs, and/or other financial institutes or any such entity whose facilities are used by MidFin Wealth to provide the various services including Midfin360 Platform Services to Users through the Midfin360 Platform.
h. "Terms" or "Terms and Conditions"
are interchangeably used and shall have the same meaning.
You hereby understand that, the specific products/services availed by You may have their own additional/supplemental terms and conditions as available on Midfin360 Platform and You unequivocally grant Your consent to abide and remain compliant with the said additional/supplemental terms and conditions. When You use any of the Midfin360 Platform Services provided on the Midfin360 Platform, You shall also be subjected to comply with applicable law(s), rule(s), guideline(s), notification(s), circular(s), or such other directive(s) issued by applicable Government Authority.
Order of Precedence
In the event of any conflict or inconsistency between these Terms and Conditions and any other document on the Platform, including the Privacy Policy, Disclaimers, or Investor Charter, the provisions of these Terms and Conditions shall prevail.
You acknowledge and understand that these Terms and Conditions along with additional/supplemental terms and conditions of Midfin360 Platform Services shall be read harmoniously. MidFin Wealth reserves the right to change/amend/modify these Terms or the additional/supplemental terms and conditions applicable to Midfin360 Platform services offered on the Midfin360 Platform at any time, without notice.
TERMS AND CONDITIONS
By registering on Midfin360 Platform and/or accessing the Midfin360 Platform Services, you agree, declare and represent that:
Age & guardianship. You are 18 years of age or older and where you are acting as guardian on behalf of a minor, you have necessary authority to register/sign up for the Midfin360 Platform Services on behalf of the minor. You hereby unconditionally and unequivocally agree to promptly furnish and/or execute such additional document(s) (as may be requested from time to time), to establish Yourself as lawful guardian and to continue Your access to Midfin360 Platform including Midfin360 Platform Services. If MidFin Wealth learns that, MidFin Wealth has inadvertently collected personal information from a person under age 18 years, MidFin Wealth will delete that information as quickly as possible. If you believe that a person under 18 years may have provided Us with personal information, please write us at info@midfin360.com.
Legal capacity. You are capable of entering into a legally binding contract and that You are not barred or otherwise legally prohibited to use Midfin360 Platform (including any and all Midfin360 Platform Services).
Credit data consent. You hereby grant your explicit consent to fetch Your credit data from Credit Information Companies and disclose Your credit score to the MidFin Wealth where applicable. You permit MidFin Wealth, to use your credit score to determine your eligibility for access to and/or for offering of various services in tie-up with Third Party Service Providers or other value-added services.
KYC & transactions. You agree that you will be permitted to initiate certain transaction(s) through the Midfin360 Platform upon successful completion of the Know Your Client ("KYC") process and submission of complete and accurate information, including personal information, in accordance with the KYC guidelines issued by SEBI, PFRDA, or any other applicable regulatory authority, financial institution, or government body, as may be prescribed from time to time. You hereby consent and authorize the MidFin Wealth to share your KYC information (including personal information) with MFU (MF Utility) and/or Third Party Service Providers, in accordance with applicable laws, for the purpose of regulatory compliance, to facilitate the provision of various products and services offered through the Midfin360 Platform, and/or to promptly respond to your queries or expressed interests.
Data access & sharing. You acknowledge and expressly consent to our access, processing, and sharing of your information, including transactional details, in accordance with applicable laws. You further authorize us to disclose such information to our Group Entities and/or relevant third parties, as may be necessary, for the purpose of offering and enabling the Products and/or Services available to you on the Platform.
Privacy Policy. The collection, processing, storage, and sharing of Your information is further governed by MidFin Wealth's Privacy Policy.
Personal use only. You understand and agree that You shall only use the Midfin360 Platform (including Midfin360 Platform Services) for your personal use and purpose only. You shall always ensure that Your use of Midfin360 Platform and/or reasons to avail Midfin360 Platform Services shall be strictly for valid, lawful purpose. You shall remain fully responsible for all transactions placed/requested through your Midfin360 Platform account.
Bank account for transactions. You agree that transactions made through Midfin360 Platform shall be through your own bank account only and the said transactions do not violate or contravene to any law for the time being in force including Income Tax Act, anti-money laundering laws, anti-corruption laws, prevention of money laundering act etc. and the rules made thereunder.
Account confidentiality. You shall be responsible to maintain confidentiality of your Midfin360 Platform account including your log-in credentials & OTPs. In event, if Your device is lost or stolen, you shall be responsible to immediately undertake all necessary measures to secure your Midfin360 Platform account i.e., by blocking your SIM, logging out your active session etc. You agree that, You shall also inform to the MidFin Wealth, on immediate basis, by writing at info@midfin360.com and furnishing all relevant information to establish Your claim. This would enable MidFin Wealth to block your Midfin360 Platform account. MidFin Wealth will use commercially reasonable efforts to block/suspend your Midfin360 Platform account, however, You understand that MidFin Wealth is merely facilitating you to secure your account on good-faith basis and as such MidFin Wealth assumes no responsibility or liability towards any losses, frauds, unauthorized transactions that may happen or you may suffer under your Midfin360 Platform account.
Prohibited acts. You shall not do or attempt to do any of the following acts:
impersonate any person or entity, or falsely stating your age or affiliation with any person or entity;
post any third-party intellectual property rights or other property rights infringing contents;
act in violation or contravention to any law for the time being in force; reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of Midfin360 Platform or any part thereof;
engage in, post, or transmit any message which is libellous, defamatory, pornographic, vulgar or offensive in nature or otherwise inconsistent with or contrary to the laws in force.
Accuracy of registration information. The information You provide when You register on the Midfin360 Platform is complete, true, correct, updated, accurate and belongs to You. In the event, Your information is not accessible online, and You wish to change, modify, update, or delete Your personal information or other information that You may have provided, please contact us immediately at info@midfin360.com.
Notify changes. You shall remain responsible to notify to the MidFin Wealth of any material change in your personal information and/or profile. MidFin Wealth would be entitled to rely on the most recent information provided by You.
Communications & DNC/DND. You agree to be contacted by MidFin Wealth (including its employees, representatives, officers, partners etc.), Third Party Service Providers over phone and/or e-mail and/or SMS and or push notifications or any other form of electronic communication in connection with your registration, advisory and transactions. This consent overrides any registration for DNC/NDNC. You agree and confirm that if your mobile number is registered in the Do Not Disturb (DND) list of TRAI, you may not receive SMS from Midfin360. You agree to take steps to deregister from the DND list and shall not hold Midfin360 liable for non-receipt of SMS. You can always opt to stop receiving any or all such communications by writing to info@midfin360.com. You can also delete Your account at any point of time by writing to info@midfin360.com or by visiting the delete account section on the Midfin360 Platform. This consent shall override any registration under the Do Not Disturb (DND) list or National Customer Preference Register (NCPR).
Alerts presumed delivered. MidFin Wealth will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that You shall have received the information sent from MidFin Wealth as an alert on the mobile phone number or e-mail id furnished by You on Midfin360 Platform or availing any Midfin360 Platform Services. You hereby unequivocally grant MidFin Wealth the right and authority to use your contact details as furnished by You at the time of registering on Midfin360 Platform as your primary, valid and default communication address for any and all Midfin360 Platform Services. MidFin Wealth shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold MidFin Wealth liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.
Alerts errors. You further understand that the SMS/e-mail alert/push notification service provided by MidFin Wealth is an additional facility provided for Your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event, You observe any error in the information provided in the alert, You shall immediately inform MidFin Wealth about the same and We will make best possible efforts to rectify the error at the earliest feasible. You shall not hold us liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by You on account of the SMS/e-mail alert/push notification facility.
Third party reliance for alerts. You understand that the MidFin Wealth will be relying on Third Party Service Provider(s) to enable SMS/e-mail alert/push notifications/OTP. The readability, accuracy, timely delivery is/are subject to multiple factors including the infrastructure and connectivity at Third Party Service Provider(s) end. MidFin Wealth makes no representation, or assurance of timely or delayed delivery. MidFin Wealth shall not be liable or responsible for any non-delivery, delayed delivery, skewed message, or alerts.
Responsibility for account activity. You understand that You shall be responsible for maintaining the confidentiality of your Midfin360 Platform account information and You are fully responsible for all activities that occurs under Your Midfin360 Platform account. You also agree to always keep your login credentials safe, secure and confidential. You further agree to immediately inform MidFin Wealth, in case of any actual or suspected unauthorized use of Your Midfin360 Platform account. You shall continue to be responsible for the transactions in your Midfin360 Platform account, if you knowingly or negligently (i) grant any other person access to your account, (ii) permit any other person to transact on account, or (iii) transact on any other person's behalf or directions in any manner whatsoever. MidFin Wealth cannot and shall not be liable for any losses or damages arising from Your failure to comply with these provision(s).
Software & hardware ownership. You acknowledge that the software and hardware underlying the application as well as other Internet related software which are required for accessing the application are the legal property of either MidFin Wealth or its respective Third Party Service Providers. The permission given by MidFin Wealth to access the Midfin360 Platform will not convey or grant any proprietary or ownership rights in the above software/hardware.
Geographic availability. You understand and accept that not all the products and services offered on or through the Midfin360 Platform are available in all geographic areas. Services are limited to Indian residents only. You may not be eligible for all the products or services offered by MidFin Wealth or Third Party Service Provider(s) on the Midfin360 Platform. MidFin Wealth and such Third Party Service Provider(s) reserve the right to determine the availability and eligibility for any product or service offered via Midfin360 Platform.
Links to third party sites. The MidFin Wealth is not responsible for the availability of content or other services on third party sites linked from Midfin360 Platform. You are aware that access of hyperlinks to other internet sites are at your own risk and the content, accuracy, opinions expressed, and other links provided by these sites are not verified, monitored or endorsed by MidFin Wealth in any way. The MidFin Wealth urges You to read the terms of use, privacy policy and/or other conditions available on respective third party sites, before accessing or registering with any of such third party sites. MidFin Wealth does not make any warranties and expressly disclaims all warranties express or implied, including without limitation, those of merchantability and fitness for a particular purpose, title or non-infringement with respect to any information or services or products that are available or advertised or sold through these third-party platforms.
Lawful use only. You agree that You will not use the Midfin360 Platform for any purpose that is unlawful or prohibited by these Terms. You also agree You will not use the Midfin360 Platform in any manner that could damage, disable or impair the application or interfere with any other party's use, legal rights, or enjoyment of the application. You hereby represent and warrant that you shall make use of the Midfin360 Platform as a prudent, reasonable and law-abiding citizen and you shall comply with relevant applicable laws.
Account suspension & legal action. MidFin Wealth reserves the right in its sole discretion to delete, block, restrict, disable, suspend your account or part thereof. If User is found engaging in any fraudulent/illegal activities including but not limited to the following activities i.e., abusing any of the representatives of the organization, indulge in fraudulent activities on the Midfin360 Platform, using mass media and/or bots to engage with the platform, using mass media and/or bots to malign the organization's reputation these activities may be referred to appropriate legal authority for a legal recourse, violation of these terms and conditions. The MidFin Wealth also reserves the right to pursue legal remedies including prosecution under applicable laws in cases involving misuse, fraud, or platform manipulation.
Third party service providers for payments etc. The MidFin Wealth has engaged Third Party Service Providers for payment gateway services, mutual fund distribution services etc. The engagement of these Third-Party Service Providers is to facilitate users to conduct transactions seamlessly and securely on Midfin360 Platform. However, MidFin Wealth assumes no responsibility or liability in any manner whatsoever, for any delayed or non-processing of transactions. You understand that MidFin Wealth and/or partnered financial institutes shall be well within its rights to not to act and/or suspend the services if the transaction is not successful or delayed credit of transactions takes place. You understand and accept the risk associated with processing of online transactions and agrees that MidFin Wealth shall not in any manner whatsoever be responsible to You for any losses, cost, interest, penalties, levies, charges or such amount that may be recoverable from you due to delay in or non-processing of transaction is levied. It is advised that, You should diligently keep track of all your payments are done in timely and successful manner.
Zero brokerage statement. Midfin360 Platform offers services to its users which includes, without limitation to transactions in mutual funds, NPS, and other financial products with zero brokerage.
Delivery of confirmations & notices. You hereby acknowledge and agree that all or any information relating to the products or services availed by You through the Midfin360 Platform including but not limited to: acknowledgements of mutual fund bookings, NPS transaction confirmations, portfolio reports, etc. shall be delivered to Your registered email address. Where required or mandated under applicable laws, the MidFin Wealth may dispatch certain documents in physical form to Your registered postal address. You represent and undertake to keep Your contact and personal information updated at all times to ensure proper delivery of such information. The MidFin Wealth shall be entitled to rely upon and act in accordance with the most recent information provided by You and shall not be held liable for non-delivery arising due to outdated or incorrect details.
SERVICES
Please note that there are financial products and services, such as mutual funds, NPS, portfolio tracking, etc. offered through the Midfin360 Platform. However, it is hereby expressly clarified that any or all interaction, communication, dealing, or transaction between you and Third Party Service Provider(s) (such as AMCs, MFU, etc.) in respect of availing of any products/services offered by said Third Party Service Provider(s) forms a separate and independent transaction between you and such Third Party Service Provider(s) without any liability accruing to MidFin Wealth for any matters arising out of or in relation to Third Party Service Provider(s) acts, conduct, omission, negligence, default, etc.
You hereby agree and acknowledge that all Your decisions, notwithstanding the services rendered by MidFin Wealth, in relation to buy, sell, hold or otherwise deal in the investment securities shall be based on Your own independent evaluation of the risks and rewards of the investments and on Your own verification of all the relevant facts, including financial and other circumstances and a proper evaluation thereof.
Neither MidFin Wealth nor any of our directors, employees or agents shall be liable for any advice or representation made by it/him/her hereinunder and it will be Your responsibility to make an independent assessment pursuant to the availing/using of the Midfin360 Platform/Services or availing any product or services from the Third-Party Service Provider(s).
You acknowledge and agree that MidFin Wealth do not guarantee that availing of the services from the Midfin360 Platform will result in profits or avoid losses or meet the objectives, including Your investment objectives, or that availing/using of the services/Midfin360 Platform will not at any time be affected by adverse tax consequences, technical failures, timely regulatory compliance to a new law. MidFin Wealth shall not be liable to You for any error of judgement or loss suffered by You in connection with the services provided to you.
You agree and understand that by availing the Services You shall be bound by our Privacy Policy and your information provided on the Midfin360 Platform shall be shared with our partnered AMCs and business partners as necessary for service delivery.
CONFIDENTIALITY
You acknowledge that, in the course of Your relationship with MidFin Wealth and in using the services, you may obtain information relating to the services and/or MidFin Wealth ("Proprietary Information"). Such Proprietary Information shall belong solely to MidFin Wealth and includes, but is not limited to, the features and mode of operation of the Services, trade secrets, know-how, inventions (whether or not patentable), techniques, processes, programs, ideas, algorithms, schematics, testing procedures, software design and architecture, computer code, internal documentation, design and function specifications, product requirements, problem reports, analysis and performance information, benchmarks, software documents, and other technical, business, product, plans and data. In regard to this Proprietary Information:
You shall not use (except as expressly authorized by this Agreement) or disclose Proprietary Information without the prior written consent of MidFin Wealth unless such Proprietary Information becomes generally publicly available without your breach of this Agreement.
You agree to take reasonable measures to maintain the Proprietary Information and Services in confidence.
USE AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
Midfin360 Platform is protected by copyright, trademarks (including the trademark "Midfin360"), patents, trade secret and/or other relevant intellectual property laws. No information, content or material from Midfin360 Platform may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without MidFin Wealth's express written permission. You are hereby given a limited licence to use the Midfin360 Platform for your personal and non-commercial use, subject to your agreement of these Terms. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Midfin360 Platform.
PRIVACY
You agree that during your use and access of the Midfin360 Platform and/or availing of the services offered by the Midfin360 Platform, you will provide Us with certain information and other data as mentioned under these Terms herein which may or may not be otherwise publicly available. Please note that We respect the privacy and confidentiality of such data and the provisions pertaining to such private information and data as provided by You under these Terms, are governed under the Midfin360 Platform's Privacy Policy. By using and visiting the Midfin360 Platform and availing Midfin360 Platform Services, you also agree to our Privacy Policy and the information provided on the Midfin360 Platform shall be shared with our partner AMCs and business partners as necessary.
LIMITATION OF LIABILITY, INDEMNITY, AND WARRANTY
To the maximum extent permitted by law, Midfin360 shall not be liable for any damages arising from:
investment losses due to market volatility;
failures or delays from third-party providers like MF Utility (MFU), AMCs, and Payment Gateways;
any investment decisions made by you based on information or tools provided on our platform, which do not constitute personalized investment advice.
CONSIDERATION
The usage of the Midfin360 Platform is entirely free with zero brokerage on mutual fund transactions. However, the MidFin Wealth reserves the right to charge its Users a fee for availing advisory services and/or other fees, as applicable for any specific product/services offered on Midfin360 Platform. The applicable fees will be made available at the time of registration and/or on its applicability and/or under the relevant product/services section. MidFin Wealth may change fee structure as it determines in its sole discretion from time to time and notice regarding the same shall be intimated to you adequately in advance prior to such change in fee structure. All charges and fees shall be exclusive of taxes and all Government taxes including but not limited to GST shall be payable by you. Please note the charges/fees applicable shall be non-transferable, non-refundable and non-cancellable in nature.
DISCLAIMERS
THE SERVICE, WEBSITE, AND ITS ENTIRE CONTENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE MIDFIN WEALTH, INCLUDING ITS OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS, MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, OR ACCURACY OF THE SERVICE, THE WEBSITE, OR ITS CONTENTS FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MIDFIN WEALTH DISCLAIMS ALL LIABILITY (INCLUDING LIABILITY ARISING FROM NEGLIGENCE) FOR ANY ERRORS OR OMISSIONS IN THE SERVICE OR THE WEBSITE.
THE USER AGREES AND UNDERSTANDS THAT THE MIDFIN360 PLATFORM IS PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MIDFIN360 PLATFORM OR THE INFORMATION, CONTENT INCLUDED ON THE MIDFIN360 PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MIDFIN360 PLATFORM IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE MIDFIN360 PLATFORM, ITS SERVERS, OR EMAIL/OTHER COMMUNICATION SENT FROM THE MIDFIN360 PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM THE USE OF THE MIDFIN360 PLATFORM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
ALL INVESTMENTS ARE SUBJECT TO MARKET RISKS. READ ALL SCHEME RELATED DOCUMENTS CAREFULLY. PAST PERFORMANCE IS NOT AN INDICATOR OF FUTURE RETURNS.
ALL INTERACTION, COMMUNICATION, DEALING, OR TRANSACTION BETWEEN THE USERS AND THE THIRD-PARTY PROVIDER (INCLUDING AMCs AND MFU) IN RESPECT OF ANY PRODUCTS/SERVICES OFFERED BY THE THIRD-PARTY PROVIDER IS A SEPARATE AND INDEPENDENT TRANSACTION BETWEEN THE USER AND SUCH THIRD-PARTY PROVIDER WITHOUT ANY LIABILITY ACCRUING TO OR ON US FOR ANY MATTERS ARISING OUT OF OR IN RELATION TO THE SAME.
MUTUAL FUND INVESTMENTS ARE SUBJECT TO MARKET RISKS, READ ALL SCHEME RELATED DOCUMENTS CAREFULLY. THIS IS IN NO WAY TO BE CONSIDERED AS AN ADVICE OR RECOMMENDATION. MUTUAL FUNDS TRANSACTION FACILITATION SERVICES ARE PROVIDED THROUGH MFU PLATFORM. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RETURNS. PERFORMANCE AND RETURNS OF ANY INVESTMENT PORTFOLIO CAN NEITHER BE PREDICTED NOR GUARANTEED.
NPS INVESTMENTS ARE LONG-TERM RETIREMENT SAVINGS SUBJECT TO MARKET RISKS AND REGULATORY CHANGES. THE PENSION AMOUNT DEPENDS ON THE ACCUMULATED CORPUS AND ANNUITY RATES AT THE TIME OF RETIREMENT.
FORCE MAJEURE
If the whole or any part of the performance is prevented, hindered or delayed by a Force Majeure event (as defined below), MidFin Wealth shall not be liable for any failure to perform any of its obligations under these terms and conditions or those applicable specifically to its services/facilities, and in such case its obligations shall be suspended for so long as the Force Majeure event continues.
Force Majeure Event means any event, due to any cause beyond the reasonable control of MidFin Wealth, including without limitations, unavailability of any communication systems, breach, or virus in the digital processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, lockdown, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc. The MidFin Wealth shall not be liable for any data loss, service disruption, or failure of obligations resulting directly or indirectly from such Force Majeure events.
SEVERABILITY
All illegality, invalidity or unenforceability of any provision of these Terms under the law of any jurisdiction will not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.
WAIVER
No failure on the part of any party to exercise, and no delay on its part in exercising any right or remedy under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.
ASSIGNMENT AND BUSINESS TRANSFER
You agree that the MidFin Wealth may, at its sole discretion, assign, transfer, subcontract, novate, or otherwise deal with any or all of its rights and/or obligations under these Terms, including in connection with any merger, acquisition, amalgamation, corporate restructuring, business or asset sale, or similar transaction, without requiring any further notice or consent from you.
In connection with any such transaction, you expressly consent to the transfer or assignment of your account-related information, including personal data and transactional details, to any affiliate, transferee, or successor entity, subject to compliance with applicable data protection laws, including the Digital Personal Data Protection Act, 2023. Any such transferee shall be bound by confidentiality and data protection obligations no less stringent than those set out in these Terms.
You further agree that you shall not assign, transfer, or otherwise deal with any of your rights or obligations under these Terms without the prior written consent of the MidFin Wealth.
DISPUTE RESOLUTION
Any dispute, controversy, claims or disagreement of any kind whatsoever between the parties in connection with or arising out of this Agreement shall initially be addressed through our internal grievance redressal mechanism. If unresolved, disputes shall be referred for arbitration, to a sole arbitrator appointed by MidFin Wealth, through arbitration to be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of such arbitration shall be at Coimbatore, Tamil Nadu, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties.
For investment-related disputes, users may also approach SEBI SCORES (www.scores.gov.in) or PFRDA's grievance redressal mechanism as applicable.
GOVERNING LAWS
These Terms shall be governed, interpreted, and construed in accordance with the laws of India, without regard to the conflict of law provisions and for resolution of any dispute arising out of your use of the Services or in relation to these Terms. Notwithstanding the foregoing, you agree that (i) MidFin Wealth has the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by you shall be exclusively before the courts in Coimbatore, Tamil Nadu, India.
ENTIRE AGREEMENT
These Terms, together with the other laws, guidelines, rules, (additional/supplemental) terms & conditions and/or policies of the Midfin360 Platform, including the Privacy Policy and any other arrangement/agreement in relation the Services, constitute the entire agreement between the User and Us and supersede all previous agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, between the User and Us pertaining to the subject matter hereof.
SURVIVAL
Notwithstanding the termination or rescission of this Agreement, the provisions of this Agreement shall continue to apply to those duties and obligations which are intended to survive any such cancellation, termination or rescission, including, without limitation clauses related to Limitation of liability, Indemnity, Warranty, Intellectual Property, Confidentiality, Dispute Resolution, Governing Law and Jurisdiction. Further any provisions of this Agreement which by implication are to survive the termination of this Agreement shall survive such termination. Termination of the Agreement shall not abate the causes of action that have accrued to the parties prior to such termination.
USER SUPPORT
MidFin Wealth shall provide assistance and co-ordinate with the Users in case of any issues/queries raised by the User and shall resolve the queries on the best effort basis. The User can address their queries by writing and delivering their concern via email to info@midfin360.com or by calling 0422-3524550 or toll-free 1800-8900-361.
MODIFICATION OF TERMS
Continued access or usage of the Midfin360 Platform following any modifications shall constitute binding acceptance of such revised terms. MidFin Wealth reserves the right to change, amend, or modify, from time to time, any provision related to the Midfin360 Platform (including Midfin360 Platform Service(s)) or these Terms, which also include, changing of the extent and scope of the services and/or include any other category, service, facility or feature within the term 'Midfin360 Platform Service', at the sole discretion of the MidFin Wealth. Any such change(s) shall be effective immediately upon the posting of revised Terms and may be notified via Midfin360 Platform. You can determine when these Terms were last revised by referring to 'LAST UPDATED' at the top of these Terms. By using the services provided through this Midfin360 Platform, you shall be deemed to have accepted the Terms herein including the amended Terms published on the Midfin360 Platform from time to time. Your continued use of the Midfin360 Platform following the posting of changes means that you accept and agree to the changes. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the Midfin360 Platform. It is, further, clarified that the User's use and access of the Midfin360 Platform/Service(s) is subject to the most recent version of these Terms made available on the Midfin360 Platform at the time of such use.