These Terms and Conditions (“Terms”) govern your access or use of the Platform (defined below) or the Services (defined below) provided by Aditya Birla Sun Life AMC International (IFSC) Limited, a Registered FME (Retail) (“ABSL IFSC”, “we”, “us” or “our”), a company established under the laws of India, having its registered office at Unit No 201-A, Second Floor, Hiranandani Signature Building, GIFT SEZ, Villages Phirozpur and Ratanpur, Gandhinagar – 382355, Gujarat, India. Please read these Terms carefully before accessing or using the Platform or our Services (defined below). These Terms also include the Additional Terms and Conditions (defined below). For more information on how we collect, use, share, retain and transfer your personal data, please refer to our Privacy Policy available at [Privacy Policy]. For the purposes of these Terms, a user of the Platform or the Services is referred to as a “user”, “you” or “your”.
ABSL IFSC is a Registered Fund Management Entity (Retail) registered with the International Financial Services Centres Authority (“IFSCA”) under the applicable regulatory framework. IFSCA Registration No.: FDM2026FMR1025. The registration of ABSL IFSC with IFSCA does not imply approval or endorsement by IFSCA of ABSL IFSC, any scheme or fund managed by ABSL IFSC, or of the financial soundness or performance thereof.
You understand that your access and use of ABSL IFSC’s Platform or the Services offered by ABSL IFSC constitutes your acceptance to be bound by these Terms and Privacy Policy. Further, you understand that if you do not want to be bound by these terms and conditions, you shall have the responsibility of duly informing ABSL IFSC of your intention to withdraw your consent and in such an event, ABSL IFSC shall be duly authorized to carry out necessary actions pursuant to your consent withdrawal.
You understand that this document is an electronic record in terms of the Information Technology Act, 2000 (as may be amended, supplemented or modified from time to time). This electronic record is generated by a computer system and does not require any physical or digital signature.
1.1 "Account" has the meaning ascribed to the term in Clause 4.1.
1.2 "Additional Information" shall have the same meaning as ascribed to it under Clause 5.3 hereinbelow.
1.3 "Additional Terms and Conditions" shall mean any guidelines, additional terms, policies, or disclaimers made available or issued by us, any Third Party or Affiliate from time to time in relation to the respective Service.
1.4 "Affiliate(s)" shall mean group companies, associates, and/or subsidiaries of ABSL IFSC and/or Aditya Birla Capital Limited.
1.5 "AI Chatbot" shall mean an artificial intelligence technology application that generates responses.
1.6. “Applicable Law(s)” means any statute, law, regulation, ordinance, rule, judgment, notification, order, decree, by-law, permit, licences, approvals, consents, authorisations, government approvals, directives, guidelines, requirements, or other governmental restrictions, or any similar form of a decision of, or determination by, or any interpretation, policy or administration, having the force of the law of any of the foregoing, by any Authority, whether in effect as on the date of you agreeing to be bound by these Terms or at any time thereafter.
1.7. “Authority” shall mean any judicial, quasi-judicial, governmental authority, statutory authority, regulatory authority, self-regulatory authority, government department, agency, commission, board, rule or regulation-making entity or authority having or purporting to have jurisdiction over you or us, or other subdivision thereof to the extent that the rules, regulations, standards, requirements, procedures, or orders of such authority, body, or organization have the force of any Applicable Law or any court or tribunal having jurisdiction, including but not limited to the Reserve Bank of India, Insurance Regulatory and Development Authority of India, Pension Fund Regulatory and Development Authority, Securities and Exchange Board of India, International Financial Services Centres Authority, National Payments Corporation of India, Association of Portfolio Managers in India and Association of Mutual Funds in India.
1.8. “Content” has the meaning ascribed to it in Clause 15.5 of these Terms.
1.9. “Feedback” has the meaning ascribed to it in Clause 15.4 of these Terms.
1.10. “Offer Document(s)” shall mean any and all documents relevant to the Product(s) issued, offered or managed by ABSL IFSC from time to time including but not limited to applicable Scheme Information Document (“SID”), Key Information Document (“KID”), addenda thereto and such other scheme-related documents and disclosures as may be prescribed under Applicable Law.
1.11. “Payment Processor” has the meaning ascribed to the term in Clause 11.7.
1.12. “Products” shall mean to include the regulated products offered by ABSL IFSC, including retail schemes and other permitted products in Gujarat International Financial Centre (GIFT).
1.13. “Platform” shall mean an interface provided by ABSL IFSC through its Website WhatsApp or otherwise.
1.14. “Services” shall have the same meaning as ascribed to it under Clause 3.1 of these Terms.
1.15. “Third Party Services” shall have the same meaning as ascribed to it under Clause 3.2 hereunder.
1.16. “Third Party Services Provider” refers to the third-party that provides the Third Party Services.
1.17. “Transaction” means any instruction, request, application, order, or communication, whether financial or non-financial, initiated by or on behalf of You in relation to the Products and shall include without limitation any subscription, purchase, redemption, transfer, update to Account or mandate details, or any other activity that results in or relates to the creation, modification, or extinguishment of the Your rights, holdings, or obligations in such investments in Products.
1.18. “Updates” has the meaning ascribed to the term in Clause 21.6.
1.19. “Website” shall mean the website owned by, operated by, or licensed to ABSL IFSC.
2.1. By accepting these Terms, you represent and warrant that (a) you have full legal capacity, right and authority to agree to and be bound by these Terms, (b) you are at least 18 (eighteen) years of age or older and in case you are accepting these Terms for the benefit of a minor, you are the authorized guardian, (c) you have not been previously suspended or removed by ABSL IFSC or any of its Affiliates from availing the Services or have been disqualified from availing any Services, (d) you are not barred or otherwise legally prohibited from accessing the securities market or using the Services, (f) you are not and will not impersonate any person, entity or falsely state or otherwise misrepresent such person’s or entity’s identity; and (g) you are eligible to invest in the Products in terms of the Offer Documents including any eligibility, jurisdictional, regulatory, KYC, AML/CFT or other requirements applicable to the relevant Product.
2.2. A person who is not competent to contract may not access this Platform and use the Services. If at any time, ABSL IFSC is of the opinion that you do not satisfy the eligibility criteria, including but not limited to any misrepresentation, misuse of the Platform, any Service or offers, fraudulent or suspicious activities or Transactions, ABSL IFSC retains all rights to disable your access to the Platform and/or suspend or terminate your use of the Services with immediate effect.
2.3. The guardian is presumed to have read these Terms to give consent on behalf of a minor and shall be bound by these Terms. If you represent an entity, organization, or any other legal person, not being a natural person, you confirm and represent that you are duly authorized by the organization, the entity, the legal person, or management of such organization, entity, or a legal person to accept these Terms have the necessary power and authority to bind such entity, organization, or legal person to these Terms.
2.4. You agree and undertake that you will comply with all Applicable Laws.
2.5. Access to the Website or Platform shall not, by itself, constitute confirmation of your eligibility to invest in any Product. Any investment shall be subject to applicable eligibility requirements and the terms and conditions contained in the relevant Offer Documents.
3.1. The Services include provision of the Platform by us, the access to various Products offered by ABSL IFSC and other allied services provided to you through the Platform by us, and as may be amended, added, or withdrawn by us from time to time (“Services”).
3.2. The Platform or the Services may include Services, Content, Documents, and information owned by, licensed to, or otherwise made available by a Third Party or our Affiliates (“Third Party Services”), and may also include links to the Third-Party Services. You understand and acknowledge that Third Party Services are the responsibility of the respective third-party or Affiliate that renders such Third Party Services. You further acknowledge that your use of such Third-Party Services is solely at your own risk.
3.3. We make no representations and disclaim all warranties and liabilities arising out of or pertaining to such Third Party Services, including their accuracy or completeness. Should you avail any Third Party Service, you shall be governed and bound by the Additional Terms and Conditions of the applicable Third Party or the Affiliate providing the Third-Party Service.
3.4. We shall send all communications to our users by text messages, electronic mails, WhatsApp messages, push notifications and/or via other progressive technology in connection with your access to the Platform, utilization of the Services and as part of our promotional and marketing strategy. You hereby explicitly consent to receive all messages, emails and/or WhatsApp messages, including transactional messages from us and any third parties on our behalf. We may use Third Party Service Providers to send alerts or to communicate with you. You authorize us and other entities providing Third Party Services to override the DND settings to reach out to you over calls, SMS, emails, WhatsApp messages and any other mode of communication.
3.5. Nothing in these Terms shall affect any rights or protections available to you under Applicable Law in relation to electronic communications, investor communications, consent, privacy, marketing communications or grievance redressal.
3.6. You further acknowledge that you are responsible for the contact details including email ID and phone numbers shared with us and shall update us in case there is any change to your existing contact details. Any communication sent on behalf of ABSL IFSC to the contact details available with ABSL IFSC or its authorized service providers shall constitute a valid discharge of the ABSL IFSC’s responsibilities.
3.7. You hereby agree and acknowledge that at any point of time we, or a Third Party Service Provider or our Affiliates providing any of the Services on the Platform, shall have the right to reject any of your applications for availing any of the Services provided on the Platform at our, our Third Party Service Provider or our Affiliate’s sole discretion and for any reasons that we or our Third Party Service Provider or our Affiliate deems fit without assigning any reason to you.
3.8. To the extent permissible under Applicable Law, you agree that all documents, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
4.1. In order to avail the Services, you will be required to create an Account on the Platform by providing your details, including but not limited to your name, phone number, email address, date of birth, demographic details (such as address, gender, father’s name, mother’s name, marital status), FATCA/CRS details, tax status, PAN, Proof of Identity, Cancelled signed cheque, Income bracket, Bank account details, nominee details, photograph, and signature (“Account”). If you choose to create an Account, you agree to provide and maintain true, accurate, and complete information about yourself as prompted on the Platform and failure to do so shall constitute a breach of the Terms, which may result in immediate termination or suspension of your Account. In the event there are any changes to the information (including demographic details) you submitted to us, you shall promptly inform us of such changes and submit the updated information to us.
4.2. You acknowledge that certain information and documents may be required to be collected, verified, retained and/or disclosed by ABSL IFSC in accordance with Applicable Law and regulatory requirements applicable to its operations in the IFSC.
4.3. You are solely responsible for maintaining the confidentiality of the Account details and for any activity that occurs through your Account. You agree to immediately notify ABSL IFSC of any actual or suspected unauthorized use of your Account, the Platform, any Service or any other breach of security. ABSL IFSC will not be liable for any loss or damage that may arise from your failure to comply with the above-mentioned provisions or your failure to ensure the confidentiality of your Account or password.
4.4. We reserve the right to disable your access to the Account if, in our reasonable opinion, you breach any provision of the Terms or the Applicable Law, or in the event of any actual or suspected unauthorized access to your Account.
5.1. You may be required to undertake certain additional processes with us in order to avail the Services, for us to establish your identity and undertake know your customer processes. In this regard, we may require you to upload or share documents and information (“Documents”) that may be necessary for us to ascertain your eligibility to avail the Services or offer you the Services, including the Third-Party Services.
5.2. You authorize us, and any Third Party Service Provider we may engage with, to process your Documents and ascertain your eligibility to avail the Services, including the Third Party Services. Any process that we undertake shall be in accordance with our Privacy Policy. You agree that such processing may be subject to Additional Terms and Conditions.
5.3. Further, during the Term, you agree and acknowledge that we reserve the right to undertake any enhanced due diligence measures (this may include seeking any additional information, data, or documentation (collectively, “Additional Information”) to ensure your eligibility for the Services or your continued use of the Services or the Platform. You agree to fully cooperate and share such Additional Information promptly upon request, and further authorize us to process such Additional Information.
5.4. You agree and warrant to provide true, complete, and up-to-date Documents and Additional Information to us. If we suspect that the Documents or the Additional information provided by you is unreliable or appears to be fraudulent or deficient, then we reserve the right to not provide you with the Services or the Platform, as the case may be.
5.5. ABSL IFSC does not accept any responsibility or liability for any loss or damage that you may suffer or incur if any information, documentation, material, or data provided to avail the Services is incorrect, incomplete, inaccurate, or misleading, or if you fail to disclose any material fact.
5.6. By continuing the usage of the Platform and the Services, you hereby represent that you are not a Politically Exposed Person (“PEP”) or related to PEP (“RPEP”) as defined under Applicable Law. In the event you are a PEP or RPEP, or there is a change in your status, you agree and undertake to immediately notify us in writing. You further understand that as a PEP or RPEP, you will be subject to enhanced due diligence measures as may be required by Applicable Law and our internal policies.
5.7. You agree and acknowledge that for undertaking any financial Transaction through the Platform, we may undertake client/customer due diligence measurers and seek mandatory information required for Know Your Customer (“KYC”) purpose which as a customer you are obliged to give, while facilitating your request of Product requirements with the banks/financial institutions/partner institutions, in accordance with applicable laws, including Prevention of Money Laundering Act, 2002 (“PMLA”) and rules and the IFSCA (Anti-Money Laundering, Counter-Terrorist Financing and Know Your Customer) Guidelines, 2022. We may obtain sufficient information to establish, to our satisfaction or to the banks/financial institutions/partner institutions’ satisfaction, the identity of each user, and to ascertain the purpose of the intended nature of the relationship between you and the bank/financial institution/partner institutions. You agree and acknowledge that we can undertake enhanced due diligence measures (including any documentation) to satisfy ourselves / our partner institutions relating to customer due diligence requirements in line with the requirements and obligations under the applicable laws.
5.8. Further, in line with requirements under the Applicable Law, you hereby confirm that the funds for any purchase you make are debited from your bank account. You acknowledge that in case the bank account whose details are provided by you do not belong to you, any transactional request is liable to be rejected.
5.9. You acknowledge that ABSL IFSC may undertake such customer due diligence, enhanced due diligence, sanctions screening, KYC, AML/CFT checks, tax-related checks and other verification as may be required under Applicable Law or by any Authority. You agree to promptly provide such information and documents as may reasonably be required for such purposes.
5.10. ABSL IFSC may decline, suspend, restrict or terminate access to any Product, Service, Transaction or the Platform where required or permitted under Applicable Law or pursuant to any direction, order or requirement of an Authority.
6.1. You understand that the execution of Your Transactions is subject to Offer Documents and you confirm that you have read all Offer Documents carefully.
6.2. The information provided on this Platform or through the Services is intended solely for general informational purposes. It should not be relied upon as the exclusive basis for making investment decisions, nor should it be interpreted as personalized financial advice tailored to the specific needs of any individual investor. We strongly recommend consulting with a qualified financial advisor before undertaking any Transaction through the Platform or the Services.
6.3. No information, content, communication or material made available through the Platform shall constitute a guarantee, assurance or representation regarding the future performance, return, liquidity, capital protection or value of any Product.
6.4. You acknowledge that investment in the Products involves investment risk, including the possible loss of part or all of the amount invested. Past performance is not indicative of future performance.
6.5. You understand that you cannot cancel a Transaction request once placed on the Platform or through the Services, except to the extent otherwise permitted under Applicable Law or the Offer Documents.
6.6. You understand that there may be an interim time lag in processing, transferring or crediting the money from the Third Party Service Provider to the concerned ABSL IFSC / scheme account.
6.7. You understand that ABSL IFSC reserves the right to reject the applications for a specific Transaction, if required under Applicable Law.
6.8. You are hereby requested to read the relevant Offer Document for the Products or Services intended to be availed by You.
6.9. Where the Platform displays NAV, portfolio information, performance, benchmark comparisons, total expense ratio, distribution commission or other financial information, such information shall be read together with the date, currency and applicable time zone specified with such disclosure and shall be subject to applicable valuation, reporting and regulatory requirements.
You hereby confirm that payment for investment is from the bank account of the minor, parent or legal guardian of the minor, or a joint account of the minor with the parent or legal guardian. You acknowledge that in case the bank details provided are not of the minor, parent or legal guardian of the minor, or a joint account of the minor with the parent or legal guardian, the application is liable to be rejected, and the money paid will be refunded without interest. You understand that and acknowledge that any Product or Service offered by the Affiliates or Third Party Services Provider of ABSL IFSC shall be subject to their own set of specific terms and conditions and ABSL IFSC shall not be responsible for any Products or Services offered by such Affiliates or Third Party Services Provider.
Inactive Account means any Account, or investment holding across investment Products in which no Transaction has been initiated for a continuous period of ten (10) years, but where a balance or holdings continue to remain. For Transactions in Products where the Account has been inactive, you may reach out to ABSL IFSC at cro.abslgiftcity@adityabirlacapital.com and crao.abslgiftcity@adityabirlacapital.com for further details and necessary action. Further, You understand that ABSL IFSC reserves the right to dispose off such Inactive Account in the manner as permitted under Applicable Laws.
You agree and accept that all the relevant information/documents (including filing various details, uploading necessary supporting documents and in-person digital verification of the authorized signatory) to be provided/ uploaded by you for completing the KYC procedure shall be true and correct to the best of your knowledge and belief and you undertake and confirm that you shall not conceal/ suppress any relevant/ material information which is required to be given by you for undertaking the KYC procedure. You agree and acknowledge that such information/documents are required to be provided to a Third Party Service Provider undertaking the KYC procedure and we shall not hold ABSL IFSC, its Affiliates or their employees and representatives responsible for any acts or omissions committed by such Third Party Service Provider. In case any of the information provided by me/us is found to be false or untrue or misleading or misrepresenting, you are aware that you may be liable for the consequences thereof, including rejection of my/our application. You also undertake to keep yourself informed in writing about any future changes/modifications to the information to be provided by us for the KYC procedure & also undertake to provide any other Additional Information as may be required at your end.
You confirm that you have absolute authority to make this application. You acknowledge and confirm that the information provided by you for availing the Services is true and correct to the best of your knowledge and belief and nothing relevant/ no material information is concealed/ suppressed by you. In case any of the above-specified information is found to be false or untrue or misleading or misrepresenting, you are aware that you shall be liable for the consequences thereof, including rejection of my/our application and cancellation of portfolio Account. You hereby authorize us to disclose, share, remit in any form, mode or manner, all/any of the information provided by you, including all changes, updates to such information as and when provided by You to ABSL IFSC, its Affiliates and associates, their employees/RTAs ('the Authorized Parties') or any Indian or foreign governmental or statutory or judicial authorities/agencies including but not limited to the Financial Intelligence Unit-India (FIU-IND), the tax/revenue authorities in India or outside India wherever it is legally required and other investigation agencies without any obligation of advising me/us of the same including acting upon the legal requirements, orders of any government or statutory or judicial authorities. Further, you authorize us to share the given information with other registered intermediaries to facilitate submission/ updation & for other relevant purposes. You also undertake to keep us informed in writing about any changes/ modifications to the above information in the future and also undertake to provide any other Additional Information as may be required at your end.
You understand and agree that ABSL IFSC shall be entitled to carry out necessary verification in line with regulatory requirements by itself or through its Authorized Parties, including but not limited to verification of email ID, mobile number, bank mandate where necessary which may also include verification through two or multi-factor authentications.
You agree that in case our investments are routed through registered distributors whose registration (if applicable) subsequently becomes invalid, ABSL IFSC shall be entitled to take suitable action with respect to our investments as per the requirements specified by IFSCA and/or concerned Authority in this regard.
11.1. ABSL IFSC is registered with the IFSCA as a Registered Fund Management Entity (Retail), Registration No. FDM2026FMR1025. Registration with IFSCA does not imply approval or endorsement by IFSCA of ABSL IFSC, any scheme or fund managed by ABSL IFSC, or of the financial soundness or performance thereof.
11.2. To the maximum extent permissible under Applicable Law, the use of the Services and the Platform is at your sole risk. You hereby accept full responsibility for any consequences that may arise from your use of the Services or the Platform, and expressly agree and acknowledge that ABSL IFSC shall have absolutely no liability with respect to the same to the maximum extent permissible under Applicable Law.
11.3. Notwithstanding anything contained herein, nothing in these Terms shall be construed as excluding or limiting any obligation, liability or investor protection applicable to ABSL IFSC under Applicable Law or the regulatory framework applicable to its operations in the IFSC.
11.4. To the fullest extent permitted under Applicable Law, the Platform, the Services and other Products, information, materials, and Services provided by ABSL IFSC are provided "as is". To the fullest extent permitted under Applicable Law, ABSL IFSC disclaims all warranties of any kind, express or implied, arising out of the Services or the Platform, including merchantability, fitness for a particular purpose, title, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice in respect to the same. Without limiting the foregoing, ABSL IFSC makes no warranty of any kind that the Services, Platform, or any Products or results of the use thereof, will meet your or any other persons' requirements, operate without interruption, achieve any intended result, be compatible or work with any software, systems, or other Services, be secure, accurate, complete, free of harmful code or error-free.
11.5. You shall be solely responsible for the activities that may take place through your Account, and you agree to use, access, and enter the Platform and avail the Services at your sole risk.
11.6. Investment Risk: The Products offered or managed by ABSL IFSC are subject to market and other investment risks. The value of investments may rise or fall and investors may lose part or all of their investment. Past performance is not indicative of future performance. No assurance or guarantee is given regarding the future performance, returns, liquidity or capital protection of any Product, except to the extent expressly permitted under Applicable Law and the relevant Offer Documents.
11.7. You understand that we shall in no manner be held liable for any unauthorised use of the Service or the Platform through your Account due to unauthorised access including but not limited to hacking and security breaches.
11.8. To the maximum extent permissible under Applicable Law, you understand and agree that we do not accept any responsibility or liability for any loss or damage that you may suffer or incur if any information, documentation, material, or data provided to avail the Services or the Platform is incorrect, incomplete, inaccurate, or misleading, or if you fail to disclose any material fact.
11.9. You hereby accept full responsibility for any consequences that may arise from your use of the Services or the Platform, and expressly agree and acknowledge that ABSL IFSC shall have absolutely no liability with respect to the same.
11.10. ABSL IFSC may partner with Third Party Payment Processors (“Payment Processor”) to enable you to transact and make payments through the payment method selected by you. The processing of payments is subject to the Additional Terms and Conditions of such Payment Processor in addition to these Terms. ABSL IFSC shall not be liable for any errors or delays by the Payment Processor. In the event of any unsuccessful payments, the money so debited shall be credited in accordance with the Additional Terms and Conditions of the Payment Processor.
11.11. To the fullest extent permissible by law, ABSL IFSC and its Affiliates each disclaims all liability to you for any loss or damage arising out of or due to:
11.12. You also agree and acknowledge that there can be disruption in communication due to factors outside our control, including but not limited to your device being switched off, incorrect email address, network interruptions. You agree not to hold us liable for non-delivery for any alert or any loss suffered by you due to any delay, distortion or failure of communication.
11.13. To the maximum extent permissible under Applicable Law, you further agree and acknowledge that we are providing no guarantees and no warranties regarding online availability, impressions, and click-through of the Platform or the Services, and any material, information, links, or Content presented on the Platform or through the Services. The Platform, the Services and any material, information, links, or Content presented on the Platform or through the Services, may be unavailable for online access at various points of time.
11.14. You have chosen to avail the Services offered by ABSL IFSC voluntarily at your free will and for your benefit, and ABSL IFSC has not made any promises or representations to you in order to induce you to grant your consent or authorization under these Terms. Accordingly, ABSL IFSC shall not be liable for any loss or damage resulting from your availing the Services on the Platform, or otherwise from the use of the Platform or Services.
11.15. The Services provided on this Platform do not constitute an offer to sell or a solicitation of an offer to any person in any jurisdiction where it is unlawful to make such an offer or solicitation. It shall be your sole responsibility to verify whether your use of this Platform and/or availing the Services is in conformity with the Applicable Laws in their respective jurisdictions.
11.16. You understand that we may, either directly or through call centers, call or send promotional information/ material or other alerts to the mobile number/(s) or email IDs provided by you during the course of registration on the Platform, and you shall be deemed to have provided your consent for receipt of such promotional information/material
.11.17. AI Chatbot:
11.18. Website Information and Regulatory Disclosure:
12.1. You understand and agree that in no event shall we, our Affiliates, our officers, shareholders, subsidiaries, associate companies, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, or contractors be liable to You or any Third Party for any special, incidental, indirect, consequential or punitive damages or losses whatsoever, or damages for loss of data or profits, goodwill, and/ or other intangible loss, whether or not foreseeable and regardless of whether we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of, or access to, the Platform or the Services.
12.2. Nothing in this Clause 12 shall exclude or limit liability to the extent such exclusion or limitation is prohibited under Applicable Law or would prejudice any mandatory investor protection, regulatory obligation or statutory right applicable to you.
13.1. You shall indemnify, defend at ABSL IFSC’s option, and hold ABSL IFSC, its Affiliates, and their officers, associates, successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any direct or indirect losses, actions, damages, penalties, cost and expenses, claim, demand, lawsuits, judicial proceeding, (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) arising from or relating to:
14.1. These Terms shall remain in effect unless terminated in accordance with the terms hereunder (“Term”).
14.2. ABSL IFSC may terminate your access to or use of the Services, Platform, or any portion thereof, immediately and at any point, at its sole discretion, if you violate or breach any of its obligations, responsibilities, or covenants under these Terms.
14.3. Upon termination under this Clause:
14.4. Notwithstanding anything to the contrary contained in the Terms, upon termination of your access to or use of the Platform and/or the Services, you must immediately stop using the Platform.
15.1. All rights, title, and interest in and to the Platform and/or Services, including text, graphics, software, photographs and other images, videos, sounds, trademarks, and service marks are owned by or otherwise licensed to us. Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, royalty-free, revocable, and limited licence to use the Services and the Platform in accordance with these Terms.
15.2. All names, whether appearing with the trademark symbol or not, are trademarks that belong to us, our Affiliates or our partners unless otherwise stated by us. The use or misuse of these trademarks or any other materials, except as permitted in these Terms, is expressly prohibited and may be in violation of copyright law, trademark law, and any other Applicable Law.
15.3. The Contents of this Platform and the Services are subject to copyright protection. The Contents of the Platform and the Services may not be copied, recopied, reproduced, or otherwise redistributed. You should not copy, display, download, distribute, modify, reproduce, republish, or retransmit any information, text, or documents contained in the Platform or the Services or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, texts or documents, without our express written consent or as otherwise permitted in these Terms.
15.4. ABSL IFSC may request you to submit suggestions and other Feedback, including bug reports, relating to the Services or the Platform, from time to time (“Feedback”). ABSL IFSC may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback without any payment of royalty, acknowledgment, prior consent, or any other form of restriction arising out of your intellectual property rights. You hereby waive any rights you may have that arise out of such Feedback and agree to execute such documentation as ABSL IFSC may request to give effect to ABSL IFSC’s rights under this Clause.
15.5. You may upload or submit certain information, Content, submissions, ideas, suggestions, proposals, plans, or other material, whether with or without our request, including through the AI Chatbot (collectively, “Content”). You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, and royalty-free license to use, display, store, host, communicate, make available, modify, adapt, translate and create derivative works of the Content. We take no responsibility and assume no liability for Content submitted by you.
15.6. Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to our or any Third Party’s intellectual property rights.
16.1. You shall not use the Platform or the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you may not:
16.2. To the maximum extent permissible under Applicable Law, we reserve the right to suspend the Account or restrict you from using the Platform or the Services in its entirety or any specific feature(s) thereof, if we suspect that you avail any feature in a manner (i) that is disingenuous (for example: placing orders without intending to take delivery or intending to subsequently cancel all or substantially all of them); (ii) that it is not intended to be availed; (iii) that purports to artificially increase (or decrease) your Transaction volume or usage of the Platform or the Services; (iv) that is designed to deliberately side step fair use restrictions; (v) that may result in you gaining an undue, unfair or unethical advantage over other users or ABSL IFSC or its partners, or in the event ABSL IFSC in its sole discretion determines it to be necessary.
17.1. You agree and undertake that you are accessing the Platform and transacting at your own risk and that you are using your best and prudent judgment before availing the Services for your intended Transactions.
17.2. You agree and undertake that you will comply with all Applicable Laws while availing the Services to enter into the Transactions.
17.3. You agree to maintain a sufficient balance in your bank account at all times to complete your Transactions on the Platform. In the absence of sufficient funds, you understand that ABSL IFSC will not be responsible for the rejection of your instructions to proceed with the concerned Transaction.
17.4. You understand that your investment in Products offered by ABSL IFSC is subject to market risks, including possible loss of the principal amount invested, and that the past results of performance of Products are not a guarantee of its future performance.
17.5. You understand that the performance and returns of any Product can neither be predicted nor guaranteed.
17.6. You agree to review the latest Offer Documents, regulatory disclosures, risk disclosures and other investor information made available by ABSL IFSC before undertaking any Transaction.
18.1. In case of any grievance, you may contact our investor services centers or our office Aditya Birla Sun Life AMC International (IFSC) Limited, or reach out to the Complaint Redressal Officer at cro.abslgiftcity@adityabirlacapital.com and crao.abslgiftcity@adityabirlacapital.com. If you believe your complaint is not redressed by us satisfactorily, you may lodge a complaint with IFSCA through an email to grievance-redressal@ifsca.gov.in.
18.2. The applicable grievance escalation matrix and timelines for redressal are available on the Website under the “Investor Grievance Redressal” section.
18.3. The status of investor complaints received, disposed of and pending shall be disclosed and updated on the Website on a quarterly basis, in accordance with Applicable Law.
18.4. If you believe that your complaint has not been satisfactorily resolved, you may escalate the matter to IFSCA or such other regulatory/grievance redressal mechanism as may be available under Applicable Law, including through the channels specified by IFSCA from time to time.
19.1. These Terms shall be governed by and construed in accordance with the laws of India and any dispute concerning these Terms shall be subject to the exclusive jurisdiction of the courts at Mumbai, India or the exclusive jurisdiction of such other court as may be provided in the respective Offer Document.
19.2. Any dispute or claim arising out of or in connection with or relating to these Terms or their breach, termination, or invalidity hereof shall be referred to and finally resolved by arbitration in Mumbai or such other seat as may be provided in the respective Offer Document in accordance with the Arbitration and Conciliation Act, 1996, for the time being in force, which rules are deemed to be incorporated by reference.
19.3. The Party involving the arbitration shall provide a notice of dispute to the other Party and the Parties shall mutually agree on the appointment of a sole arbitrator. If such a mutual agreement is not arrived at within the time period as provided in the Offer Document, ABSL IFSC and you shall appoint such sole arbitrator in accordance with the Arbitration and Conciliation Act, 1996.
19.4. The seat of arbitration shall be Mumbai or as may be provided in the respective Offer Document, and the arbitration proceedings shall be conducted in the English language.
If you have any other queries or Feedback with respect to the Services (including grievances with respect to technology related issues and cybersecurity), you may contact us at
Email:
cro.abslgiftcity@adityabirlacapital.com and crao.abslgiftcity@adityabirlacapital.com
21.1. Severability
If any provision of these Terms is determined by any court or other competent Authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
21.2. Third Party Rights
No Third Party shall have any rights to enforce any Terms contained herein.
21.3. Regulatory Changes
You acknowledge and agree that we may have to modify the Services or the Platform to comply with the Applicable Laws. As a result of this, you may be unable to access or use all or any part of the Services or the Platform. We shall not be liable to you for such inability to use the Services or the Platform pursuant to our compliance with the Applicable Laws.
Without prejudice to the foregoing, ABSL IFSC may modify, suspend, restrict or discontinue any Product, Service, feature or functionality of the Platform where required to comply with any applicable IFSCA regulation, circular, guideline, direction, order or other Applicable Law.
21.4. Assignment
You shall not licence, sell, transfer, or assign your rights, obligations, or covenants under these Terms in any manner without ABSL IFSC’s prior written consent. ABSL IFSC may grant (subject to any conditions it deems appropriate) or withhold this consent at its sole discretion. ABSL IFSC may assign its rights to any of its Affiliates, subsidiaries, or parent company, or any successor, without any prior notice to you.
21.5. Waiver
No failure or delay in exercising any right, power, or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. Every right or remedy herein conferred upon or reserved to either party shall be cumulative and shall be in addition to every right and remedy existing at law or equity or by statute and the pursuit of any one right or remedy shall not be construed as an election.
21.6. Modifications
ABSL IFSC reserves the right at any time to modify these Terms and to add new or Additional Terms or Conditions on the use of the Services and the Platform. If you choose to continue using the Services and the Platform after such modifications, it will be considered as your acceptance of the modified Terms. In the event you refuse to accept such changes, these Terms will terminate. We also reserve the right to suspend or withdraw or restrict the availability of all or any part of our Platform or the Services for business and operational reasons. Your use of the Platform or Services shall indicate that you have provided consent to automatically receive updates such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, “Updates”), for the purpose of effective delivery of the Services. Please note that your continued use of the Platform or Services following such Updates would mean deemed acceptance by you of the same.
The “Last Updated” date appearing on the Website shall indicate the date on which these Terms or the relevant disclosure was last updated. Users are advised to review the Website periodically for the latest version of these Terms and applicable regulatory and scheme-related disclosures.
21.7. Force Majeure
You agree that we shall not be liable for any breach of these Terms if such breach is caused by an event that is unforeseeable and beyond our reasonable control (such as, depending on the circumstances, unavailability of any communication system, breach or virus in our system, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, unauthorised access to computer data and storage devices, computer crashes and regulatory or government actions (“Force Majeure Event”). In such circumstances, we will be entitled to a reasonable extension of time to perform our obligations and shall take commercially reasonable methods to inform you of the Force Majeure Event and use all reasonable endeavors to mitigate the effects of the Force Majeure Event.
21.8. Notices
All notices, requests, demands, and determinations for ABSL IFSC under these Terms (other than routine operational communications) shall be sent to Aditya Birla Sun Life AMC International (IFSC) Limited, Unit No 201-A, Second Floor, Hiranandani Signature Building, GIFT SEZ, Villages Phirozpur and Ratanpur, Gandhinagar – 382355, Gujarat, India.
21.9. Translations
ABSL IFSC may provide you with translated versions of these Terms solely to assist you with understanding these Terms in greater detail. The English version of these Terms shall be controlling in all respects. In the event of any inconsistency between the English version of these Terms and any translated version, the terms of the English version shall prevail.