Terms and Conditions
 

MF INVESTMENT ACCOUNT

A. The Customer hereby authorizes the Bank, at his / their risk and cost, all or any of the following:
1

To subscribe to the units of the mutual fund & securities on his/their behalf and to pay for the units so purchased, on Customer’s specific instructions;

2

To purchase and redeem units of mutual funds on his/their behalf and to pay for the units so purchased, on Customer’s specific instructions;

3

To receive the account statement(s) and any other communication from the mutual fund pertaining to the above said units and/or to acknowledge receipt of the same;

4

To redeem / sell the units held by Customer (whether solely or jointly with others) and to receive the payment of the redemption/ sale price and acknowledge receipt of the same, based on Customer specific instructions;

5

To sign all such writings and do all such acts as may be required for redeeming any units;

6

To collect, receive and give good and effectual receipts and discharges for any sum including dividend or income arising from the units and to sign and endorse dividend warrants;

7

To collect and deposit monies in an account opened in Customer’s name with the Bank and to make such debits in the said account as may be necessary;

8

To correspond with and give notice to the mutual fund and the corresponding asset management company on behalf of the Customer;

9

To instruct the mutual fund and/or the corresponding asset management company to make note of instructions with regard to nomination/change in investment plan/any other changes.

10
To do, perform and execute all such other acts, deeds, instruments, matters and things for and on Customer’s behalf as the Bank may think fit in accordance with the Investment Scheme and any related writings about these premises as fully and effectually and to all intents and purposes as the Customer could do if Customer were personally present
11
The Customer hereby give and grant unto the Bank full power and authority to appoint from time to time one or more substitute or substitutes to do, execute and perform all or any of such matters and things as foresaid and the substitute or substitutes at pleasure to remove and to appoint another or others in Customer’s place

Customer hereby agrees and confirms that all such acts and deeds done for and on behalf of the Customer shall be binding on him / them and their successors & legal heirs.

B. The customer further agrees and undertakes that:
1

The customer understands that the bank may not send any communication received from the AMC to him / them.

2

Transaction rights will be pursuant to the customer executing and granting a Power of Attorney (POA) or a mandate as the case may be in favour of the bank, in the manner and form as prescribed by the bank from time to time. POA or a mandate as the case may be will be applicable to all Investment Accounts whether presently existing or to be opened in future.

3

All purchase requests are subject to the threshold limits as set by the AMC. All redemption requests are subject to sufficient mutual fund unit balance and on final discretion of the AMC / RTA. The unit balance refers to minimum mutual fund unit balance to be maintained for the scheme/fund.

4

Save and except under conditions beyond the reasonable control of the Bank, all requests received by Bank prior to the cut off time shall be processed on the based effort basis on the same day & all requests received after cut off time shall be processed on next day. Such 'cut off-time' shall be communicated by the Bank to the customer from time to time.

5

All instructions including instructions for modification shall be given only by the Customer named in bank’s records and shall be binding on the Customer personally.

6

The Bank may refuse to act on any instruction unless they are given in writing in a manner and form acceptable to the Bank or given orally in accordance with the telephone facility of the Bank subject to the Bank's absolute right to verify such instructions. Customer hereby authorize the Bank to record all or any communication between Customer and the Bank’s officials / agents. Further Customer aggress and understand that, the Bank shall have no responsibility to determine the authenticity of any instructions given or purported to be given by the Customer. The Customer shall not hold the Bank liable on account of the Bank acting in good faith on any of Customer’s instructions or instructions purported to be given by the Customer.

7

The Bank may in its own discretion decide not to carry out the Customer’s instructions where the Bank has reason to believe (which decision of the Bank the Customer shall not question or dispute) that the instructions are not genuine or are otherwise improper or unclear or are in a manner that raise a doubt.

8

Customer agrees and undertakes that notwithstanding anything contrary contained anywhere, the Customer shall not hold Bank responsible and the Bank shall not be liable for any loss, claim or damages of whatsoever nature, if any instruction(s) of the Customer is not carried out by the Bank for any reason whatsoever nature.

9

The Customer agrees and understand that the Bank is required to receive clear written instructions from the Customer to enable the Bank to effect fund transfer activities on behalf of the Customer.

10
The Customer hereby indemnifies and shall keep indemnified the Bank against any loss, claim or damages of whatsoever nature which Bank and /or Customer may suffer on account of any improper / fraudulent fund transfer instruction purported to be received from the Customer.
11
The Customer agrees that the Bank shall not be obliged to accept from the Customer any oral or facsimile instructions. In order to, however, induce the Bank to act upon communications and instructions transmitted by manual procedures (Facsimile, Mail, Telephone only) he/they hereby irrevocably agree that, absent the Bank(s) gross negligence, bad faith or willful misconduct, as long as the Bank acts in compliance with such authorization / instruction, the Bank shall be indemnified for and held free and harmless from and against any and all responsibility for, any and all costs, claims, losses or liabilities of any nature (direct or indirect) resulting from any act or omission (or any delay) in response to instructions to the Bank to transfer funds or purchase, sell or otherwise dispose off units, together with any and all attendant costs and expenses including the Bank(s) reasonable legal fees and expenses, collectively referred to as losses.
12
The Customer also acknowledges that the security and control procedures provided by the Bank are designed to verify the source of communication and not to detect errors in transmission or content including discrepancies between names and account numbers and that the Bank, or any intermediary, may execute an instruction by reference to account number only, even if the name on the account is also provided. Nothing contained herein shall require the Bank to violate any applicable laws, rules or procedures/instructions. The Bank shall have no further duty to verify the content of any instruction and communications, whether or not authorised, sent in its name and accepted by the Bank.
13
The Customer confirms to have read and understood the terms and conditions of the Offer Document of the Mutual Fund. The Bank shall cause to make available to the Customer on the website of the Bank Offer documents of the schemes, annual reports, and addendums in respect of the Mutual Fund.
14
The Customer confirms that the Bank is not responsible in any manner for the execution of the transaction and that the RTA / AMC are solely responsible for any act or omission in respect of the execution of transaction.
15
Folios created through this route or existing folios used for this facility are deemed to be online folios by the AMC/RTA and that he/they understand(s), agrees and confirms that he / they shall not be directly serviced by the AMC for such online folios.
16
The Customer expressly agrees and acknowledges that any information contained in the Bank's brochure or other material or otherwise communicated by the Bank shall not be construed by him/them as investment and that all decisions to purchase or sell units made by him/them shall be on the basis of his/their own personal judgment arrived at after due consideration. He/they understand and agree that the Bank does not in any manner:
a
provide any buy/sell or other recommendations; or
b
guarantee payment on any units; or
c
guarantee the liquidity of any units; or
d
make any offer to buy back any units; or
e
guarantee the redemption or repayment of any units on maturity; or
f
guarantee the payment of dividend; or
g promise, indicate or guarantee any returns;
17
Notwithstanding anything contained anywhere, if the Bank or any employee of the Bank gives any advice or makes any representation to him/them, the Bank shall have no liability for any such advice or representation made as it will be his/their responsibility to make an independent assessment.
18
The customer(s) understand(s) that any sum invested through the Kotak Mahindra Bank MF Investment Account is not a deposit with the bank nor is insured. The same is not endorsed or guaranteed and does not constitute obligations of the bank or any of their subsidiaries, associated or affiliated companies, whose role is only as described. The units purchased are subject to investment risks, including the possible loss of principal amount invested itself.
19
The value of the customer’s units may fluctuate. If he/they redeem his/their units, he/they may receive more or less than he/they paid depending upon the market value of the securities in the fund or trust at the time of redemption. Past results are not a guarantee to future performance. Yield or performance fluctuates and reflects past results. Yield or a fund's past performance should not be considered as an indication or guarantee of future yields or results.
20
The Bank shall be under no duty to assess the prudence or otherwise of any instructions given by the customer(s) or to give any advice in relation thereto and would be justified in acting on his/their instructions irrespective of their prudence or otherwise.
21
The service is provided at sole discretion of the bank and may be withdrawn without prior notice. The bank may levy charges at its sole discretion in respect of these services.
22
Information displayed on the bank’s website is based on data received from the AMC/RTA & subject to change without notice
23
For Non-Resident Indian (NRI) customers - Transaction rights will be pursuant the customer agreeing to:
a
undertaking to keep the Bank informed about the change in his country of residence forthwith;
b
that all rights and privileges granted in the Mandate shall stand cancelled should the customer move to a country in whose jurisdiction these facilities cannot be extended, as informed by the Bank from time to time.
c
The NRI Customer hereby agrees to indemnify and keep indemnified the Bank against any losses, claims, costs, charges and expenses arising from or suffered by the Bank by reason of non-compliance by the NRI customer of the applicable laws.
24
The Customer is entitled to terminate this service by giving notice in writing to the Bank and the Bank shall require at least seven working days for giving effect to the same. The Customer agrees not to effect any transactions consequent to the receipt of such termination notice by the Bank provided that the Customer shall not be relieved of its obligations hereunder, notwithstanding such termination, incurred prior to the date on which such termination shall become effective. Upon termination of the services, the money and units with the Bank pursuant to thereto may be paid or delivered (as the case may be) by the Bank, after deduction of the Bank's dues if any, to the Customer and the same shall be a valid and complete discharge to the Bank.
25
In case the investment is made in the name of a minor with any of the guardians as joint holders, then the investments made in the above manner are for the sole benefit of the minor.

MF Investment Account - View Rights: This means the right to view investments into units of Mutual Fund effected by the Bank at the request of the customer. Such view rights are available to MF Investment Account customers at their request.

MF Investment Account Statements: The Bank may provide a facility to its customer for receiving statements on email. These statements may include but are not limited to transaction statement and holding statements. The Customer by requesting the Bank to furnish such particulars and details and statements by e-mail declares and confirms that he is aware of the risks concerning the e-mail and shall not hold the Bank liable therefore. The bank may also send a physical statement of the investment account to the customer at a frequency that it may decide from time to time. These statements may include but are not limited to transaction statement and holding statements. The customer undertakes to promptly inform the Bank in case any change to his email id or mailing address.

Customer agrees that in the event of breach of any of the terms by the customer and/or any agent or representative, the customer shall be solely liable to pay damages and compensation including all direct and indirect damages, costs, charges and expenses that may be caused to or incurred or suffered by the Bank. While the Bank shall use reasonable precautions, these services are provided on "No warranty No risk basis".

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