Taurus Mutual Fund

TERMS AND CONDITIONS FOR ONLINE TRANSACTION FACILITY

These terms and conditions (“Terms & Conditions”) govern the use by the persons whose name and details are mentioned above being the Sole/Joint Unit Holder/s or the authorized person/s of the Unit Holder/s (hereinafter referred to as 'User') of Taurus Mutual Fund (the “Fund”) of (i) Website of Taurus Asset Management Company Limited, the Asset Management Company (the “AMC”) of the Fund viz., www.taurusmutualfund.com ("AMC Website"); (ii) all products, services, content, tools and information available through the AMC Website and (iii) to carry out transactions / give instructions online in respect of Unit Holders' account over the internet as may be enabled by the AMC (collectively the above use is hereinafter referred to as “Online Transaction Facility”)

By using or accessing the AMC Website, the User accepts and agrees to be bound by these Terms and Conditions.

These Terms and Conditions are in addition to any other agreements between the User and the AMC, including any customer or account agreements, and any other agreements that govern use by the User of the Fund’s or any third party's (companies not affiliated with the Fund) products, services, content, tools, and information available on the AMC Website.

The use by the User of the AMC Website is governed by the version of the Terms and Conditions in effect on the date this AMC Website is accessed by the User. The AMC reserves the right to change the AMC Website and the Terms and Conditions at any time, without notice. If the User uses the AMC Website after the amended Terms and Conditions have been posted, the User will be deemed to have agreed to the Terms and Conditions, as amended.

1. The User may avail of Online Transaction Facility for any of the following services that are being presently offered by the AMC:

	Subscription and Additional Subscription to various schemes of the Fund including any new schemes launched by the Fund from time to time and which are tagged with the existing Schemes by the Fund for the purpose of conducting such online transactions.
	Switching between schemes / plan / options.
	Redemption of units.
	Account Statements download.
	edocs - Request for documents by email.
	Changing dividend option.
	Viewing complete portfolio and transaction details.
	Change of bank mandate. The User agrees and confirms that the services mentioned above are indicative and the AMC may add or remove any services at its discretion. The AMC may provide certain services only to select Users. The AMC reserves the right to suspend Online Transaction Facility partially or wholly, temporarily or permanently for any reason whatsoever including for security purposes or changes in laws / statutes or regulatory requirements or for accessing or using the AMC Website in breach of the Terms and Conditions contained herein.

2. The User, upon User’s request, will be allotted an online transaction facility personal identification number (TPIN), a unique personal identification number for availing Online Transaction Facility. If a folio is held by more than one Unit Holder, separate TPINs would be issued to each Unit Holder under the folio. This TPIN will be allotted subject to the TPIN Application Form being complete in all respects. The TPIN Application Form shall be signed by all Joint Holders in case of joint holding.

3. Terms of Service

	The User hereby authorizes the AMC/Fund, who in turn may authorize its Registrars or any other Service Providers to extend the TPIN facility for the folio(s) of the User including an irrevocable authorization to the AMC/Fund/Registrar/Service Provider to act upon any electronic instruction given by the User through the use of the Online Transaction Facility and through the Login ID, TPIN, user name, password, in connection with the online transactions (hereinafter referred to as the “instructions”), including viewing of the folio and performing the online transactions under the folios through the AMC Website or as may be permitted under the Online Transaction Facility from time to time.

4. Procedure

	A User registering for the Online Transaction Facility shall be issued a TPIN against each Folio Number, after the AMC / Registrar satisfies itself that the signature on the TPIN Agreement matches with the signature of the User in the record of the AMC. A User having multiple folios with the Fund shall be issued a separate / specific TPIN for each folio. If a folio is held by more than one User, separate TPIN shall be issued to each User under the folio. If the holding mode of the folio is ‘Joint’, TPIN of each User will be required to be entered for any transaction. If the holding mode of the folio is ‘Anyone or Survivor’, TPIN of any one User will be sufficient for conducting any transaction.
	The Unit Holder agrees that pursuant to this Agreement, the AMC / Registrar will despatch the TPIN allotted to the User, by courier or post, entirely at the risk of the User.
	The TPIN will be dispatched to the User’s address as recorded with the AMC / its Registrar.
	The AMC/Registrar will record a change in the User’s address only on the basis of written instructions from the User, subject to signature verification / validation as per normal procedure. For investors with any single investment above Rs.50,000, change in address will be effected only through CDSL Ventures Limited (CVL), which is the organization entrusted to carry out the KYC process for the Mutual Fund industry.
	The User will be responsible to confirm receipt of the TPIN to the AMC/ Registrar and notify forthwith, in the event of evidence of tampering with the TPIN in the course of post, or non-receipt of the TPIN, as the case may be. In such an event or in the event of loss of TPIN by the User or due to the User having forgotten the TPIN, a request for issue of a duplicate TPIN shall be considered only on receipt of a written request from the User, subject to signature verification / validation.
	The User shall have a facility / choice to change the TPIN allotted by the AMC to a TPIN of his / her choice.
	It shall be the sole responsibility of the User to ensure adequate protection, confidentiality and secrecy of the user name, / login ID and password as well as the TPIN and any disclosure thereof to any other person shall be entirely at the User risk. The AMC / Fund / Registrar / Service Provider in such cases will not accept any kind of responsibility or liability for any loss, damage or harm.
	In case of access to the Online Transaction Facility for the first time through the AMC Website, the User shall be required to create a unique login name (Email ID) and password at the AMC Website. The User may thereafter, map other folio number(s), using the corresponding TPIN(s). The User may then access the Online Transaction Facility by entering his unique login ID and password on the AMC Website.

5. SECURITY

	The use of the AMC Website may involve the transmission of information, including personally identifiable data, about the User by electronic means through the Internet and the User consents to such transmission.
	Upon subscribing to Online Transaction Facility, the AMC and / or Registrar shall dispatch a TPIN in secure stationery within 10 working days to the User’s address recorded with the AMC / Registrar entirely at the risk of the User. The User shall immediately notify the AMC, if the TPIN is found to be tampered with. Upon such intimation, the AMC/ Registrar shall take necessary steps to deactivate that TPIN and issue a new one upon receipt of request for regeneration of TPIN. However, the AMC / Registrar shall not be liable for any loss caused to the User due to such tampering / misplacement of TPIN.
	User shall be solely responsible to ensure that the TPIN is kept confidential and not revealed / disclosed to any third party, including any person claiming to represent the AMC, the Fund or Registrar and shall take all possible care to prevent discovery of the User name or TPIN by any person. Any disclosure of TPIN to any other person, for any reason whatsoever, including for the service of viewing a family portfolio, or disclosure to any Distributor(s) for conducting any transactions, shall be entirely at the risk of the User.

6. The User shall immediately communicate to the AMC in writing on becoming aware of any loss, misuse or wrongful disclosure to any third party of the TPIN.

7. The AMC / Registrar shall not be liable for damage or loss arising out of the usage / unauthorized transactions conducted by using the TPIN.

8. The User understands that the User’s credit card/ bank account details are not stored on the AMC Website server, and accordingly Fund/AMC/Registrar are not responsible forthe security and / or safety of the card number / card details / bank account details or for any transaction under the card/bank account.

9. The User shall be fully responsible for the transactions conducted by using Online Transaction Facility. The records of the AMC / Registrar for all the transactions shall be conclusive proof and binding for all purposes and may be used as evidence in any proceedings. In the event of any discrepancy, the User shall notify the AMC within ten days of the receipt of the record of the transactions by the User, failing which the transactions recorded shall be deemed to be final and accepted by the User.

10. WHO CAN OPERATE?

	Unit holder(s) with registered email IDs only can avail of this Online Transaction Facility. Unit holder(s) shall ensure that the e-mail IDs mentioned in the TPIN Application Form is/are the same as the e-mail IDs provided in the application form at the time of investing or online registration.
	If the mode of holding is 'Single': this Online Transaction Facility will be available to the sole User.
	If the mode of holding is 'Anyone or survivor' or 'Joint', the AMC shall send separate TPINs to each Unit Holder under the folio. The Unit Holder(s) of such folios agree(s) and confirm(s) that the AMC / Registrar shall not be in a position to verify the User of the AMC Website and thereby not be responsible or shall not be liable for any transactions arising out of misuse of the TPIN by any of the Joint Unit Holder(s). Any use of the TPIN for any transaction conducted or executed by any of the Joint Unit Holder(s) under Online Transaction Facility shall be deemed to have been carried out jointly by all the Joint Unit Holder(s). The Joint Unit Holder(s) agree and confirm that the First Unit Holder has the full authority to act for and on behalf of all and each of the Joint Unit Holder(s) in all matters relating to Online Transaction Facility. Liability on all joint holding shall be joint and several and shall be binding on each Joint Unit Holder's legal heirs, successors, executors and assigns. The Joint Unit Holder(s) hereby agree and undertake to confirm and ratify all the acts done by the first Unit Holder or any other Joint Unit Holder in relation to Online Transaction Facility.
	If the User is a minor, the parent / legal guardian shall be eligible to avail of this Online Transaction Facility till the minor attains majority. In such case, the personal details of the parent / legal guardian shall be submitted to the AMC / Registrar. The parent / legal guardian hereby agrees not to use Online Transaction Facility once the minor attains majority.
	If the User is not an individual: The TPIN shall be issued to the Authorized signatories as mentioned in the application form at the time of subscription of Units or subsequent authorised signatory list furnished from time to time with a request for TPIN generation The Non-Individual User agrees and confirms that the Fund / the AMC is not in a position to verify the User of the AMC Website and thereby not responsible or shall not be held liable for any transactions arising out of misuse of the TPIN by any of the representatives of such Non-Individual User. Any use of the TPIN for any transaction conducted or executed by any of the Non-Individual Users under Online Transaction Facility shall be deemed to have been carried out by the Non-Individual User. The Non-Individual User agrees and confirms that the said authorized person has the full authority to act for and on behalf of the Non-Individual User in all matters relating to Online Transaction Facility. Liability on all such Non-Individual User accounts shall be binding on each of such Non-Individual User's successors and assigns. The Non-Individual User hereby agrees and undertakes to confirm and ratify all the acts done by the authorised person or any other person claiming to be authorized by the Non-Individual User in relation the Online Transaction Facility.

11. Online Transaction Facility is NOT OFFERED to those categories of Unit holder(s) transacting with the AMC electronically, whether through a Power of Attorney or through arrangements via brokers / distributors or via a third party website, not being the AMC Website. The AMC reserves the right to reject any TPIN Applications received from such User. Online Transaction Facility is intended only for the personal noncommercial use of the User. If any User chooses to access / use the Online Transaction Facility from locations outside India, he does so at his own initiative and risk, and shall be solely responsible for compliance with all applicable laws in force in the respective locations outside India / within India.

12. The AMC may, in its absolute discretion and in the interest of the User, request a fax confirmation, signed by the User, of the Electronic Instructions and any additional information the AMC may require. The AMC shall not be bound to act on Electronic Instructions received until such fax confirmation and additional information, in a form and manner acceptable to the AMC, is received from the User. However, the AMC shall have no obligation to check or verify the authenticity or accuracy of fax confirmations purporting to have been sent by the User and may act thereon as if the same had been duly given by the User.

13. Usage of, or subscription to, Online Transaction Facility shall be in addition to, and not in substitution of, the existing procedure for conducting the transactions, the services of which are available through Online Transaction Facility as well. The AMC shall not be responsible for any errors that may be committed by the User in the process of conducting any transaction by using the Online Transaction Facility. The User shall make only one application for each transaction, either in physical or electronic form.

14. The User agrees that at present Online Transaction Facility is offered as a privileged service to the Users without any charge. However, the AMC may levy any service charges as applicable from time to time in consideration for the services provided herein. However Users not consenting to the charge then, may opt out of the OnlineTransaction Facility.

15. The User agrees that the use and storage of any information including without limitation, the TPIN, account information, policy information, transaction activity, account balances and any other information available on the User's personal computer is at his / her own risk and is his / her sole responsibility.

16. The User acknowledges that usage of Online Transaction Facility will be at his / her own risks. The risks would, among others include:

	Internet frauds - The AMC Website / Internet per se is susceptible to number of frauds, misuse, hacking and other actions, which could affect instructions to the AMC. The AMC shall aim to provide security to prevent the same; there cannot be any guarantee from such Internet frauds, hacking and other actions, which could affect instructions to the AMC. The User is responsible to evaluate all the risks arising out of the same.
	The technology for enabling the services offered by the AMC could be affected by virus or other malicious, destructive or corrupting code, harmful code, programme or macro. This could result in delays in the processing of instructions or failure in the processing of instructions and other such failures and inabilities. The User understands that the AMC disclaims all and any liability, whether direct or indirect, whether arising out of loss of profit or otherwise arising out of any failure or inability by the AMC to honour any User's instruction for whatsoever reason. The User understands and accepts that the AMC shall not be responsible for any of the aforesaid risks. The User also accepts that the AMC shall disclaim all liability in respect of the said risks.
	User agrees that the User is aware that transmission over internet is not a secure medium, may be inherently unreliable and subject to interruption or disruption and may be subject to inadvertent or deliberate breaches of customer’s security and the AMC shall not be liable for any losses suffered by the User as a consequence thereof.

17. In consideration of the AMC providing the User with the TPIN for Online Transaction Facility, User agrees to indemnify and keep safe, harmless and indemnified the AMC, Fund, its agents, Registrar, AMC’s constituent companies, Sponsor, Trustee, their officers, employees, successors and assigns from and against all liabilities, actions, claims, demands, proceedings, loss, damages, costs, charges and expenses whatsoever which the above specified persons may at any time incur, sustain, suffer or be put to directly or indirectly as a consequences of or arising out of the Users' use of the Online Transaction Facility and in particular:

	Providing facility of carrying out transactions over the AMC Website or by reasons of Registrar in good faith taking or refusing to take any action on instruction received from the User
	Fraud or dishonesty relating to any transaction by the User
	Unauthorized access or use of Online Transaction Facility.
	Non-compliance of the Terms and Conditions set out herein
	Negligence or mistake or misconduct of the User
	Any information given out by the software system being inaccurate / incorrect..

18. In no event will the AMC / Registrar / the Fund / Trustee / Sponsor be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Online Transaction Facility or the access of the AMC Website or use thereof or inability to use, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if the AMC, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

19. The User shall give the AMC / Registrar ten (10) working days' notice in writing if the User wishes to terminate this Online Transaction Facility. The AMC can terminate the TPIN without prior notice on the occurrence of any of the following events:

	Non-compliance of the Terms and Conditions set out herein
	Death, insolvency, bankruptcy or liquidation of the User
	Closing of User's account
	Receipt of a request for termination of Online Transaction Facility from any Unit Holder in case of folios having ‘either or survivor’ as mode of holding
	Receipt of a request for termination of Online Transaction Facility from all Unit Holders in case of folios having ‘Joint’ as the mode of holding
	The User goes into liquidation or dissolution or presents or is presented with a petition for or passed a resolution for winding up either compulsory or voluntary or makes any arrangement with its creditors or any assignment for the benefit of creditors, or if a receiver or manager of its business or undertaking is duly appointed, or if distress or execution shall be levied or threatened upon any of its property or if it suffers any similar action in consequence of debt.
	Any other cause arising out of operation of law
	Such other reasons as the AMC may deem fit.

20. Unit holder(s) who wish to invest Rs. 50,000/- or more will be required to be KYC compliant and shall upload or provide KYC proof and confirm their KYC compliance, in the column provided overleaf, without which, the transaction would not be processed. The threshold limit for KYC compliance shall be subject to change from time to time. Visit the AMC Website for more details.

21. The User authorises the AMC to provide to third parties such details relating to the User and / or the User's account as may be necessary in order to give effect to any electronic instructions of the User or in order to comply with the order of any court, government agency or lawful authority or in order to ensure compliance with any laws / regulations in any jurisdiction.

22. The AMC will take best efforts to keep the AMC Website updated on a frequent basis so as to provide the most current information to User and shall further take best efforts to ensure that the information provided on the AMC Website is as accurate as possible and that the disruptions of services are minimal. However, the AMC makes no warranty, either expressed or implied or gives any guarantee, to the User concerning the uninterrupted availability of the AMC Website or the services or information on it.

23. Words and expressions used and not defined herein, but defined in the Scheme Information Document (SID), Statement of Additional Information (SAI), Key Information Memorandum (KIM) of the relevant scheme, shall unless expressed otherwise herein, have the same meanings respectively assigned to them in that SID, SAI, KIM.

24. The information and materials contained on the AMC Website, and the Online Transaction Facility interface, including text, graphics, links or other items - are provided "as is", "as available" basis. The AMC does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.

25. Online Transaction Facility and the information contained herein are the property of the AMC or its licensors and are protected by the applicable copyright, patent, trademark or other intellectual property law. Except as expressly authorized herein, the User may not reproduce, transmit, license, sell, display, distribute, publish, broadcast, circulate, modify, disseminate, or commercially exploit such information in any manner (including electronic, print or other media now known or hereafter developed) without the prior written consent of the AMC.

26. User shall not, during or in course of or for the purpose of or in relation to the usage of the Online Transaction Facility, except as permitted by the Terms and Conditions:

	Reverse engineer, decompile, disassemble, copy, reproduce, distribute, modify, transmit, perform, publish or create derivative works from or in any way exploit any of the AMC Website / Online Transaction Facility in violation of the Terms and Conditions or the laws of any country.
	Do any act of omission or commission that violates any intellectual property rights in the AMC Website.
	Engage in any fraudulent, abusive, illegal or unlawful activity.
	Use the AMC Website/ Online Transaction Facility to violate the security of AMC/Fund’s/Registrar’s computer or computer network, crack passwords or security encryption codes, transfer or store illegal material including threatening or obscene material or engage in any kind of illegal, unlawful or non-permitted activities.

27. User is strictly prohibited from writing, posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or hate material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. AMC will fully cooperate with any law enforcement authorities or court order requesting or directing the AMC, Trustee / the Fund and/or the Registrar to disclose the identity or provide any information / details of anyone posting any such information or materials.

28. These Terms and Conditions are subject to Securities and Exchange Board of India (Mutual Funds), Regulations, 1996 and circulars, guidelines / notification issued there under as amended from time to time and other laws, rules and regulations issued by the Government of India and / or Reserve Bank of India relating to mutual funds and provision of Online Transaction Facility.

29. The Terms and Conditions as applicable to the AMC Website generally shall also apply for usage of Online Transaction Facility unless inconsistent with these Terms and Conditions apart from the Terms and Conditions mentioned in SID and SAI.

30. The User undertakes to comply with all applicable laws and statutory requirements and agrees to be bound by and to diligently follow and ensure compliance with the applicable rules, regulations and processes of the AMC.

31. Nothing specified in these Terms and Conditions and the AMC Website shall be considered as solicitation to buy or an offer to sell or market or a recommendation for, a security, or any other product or service, to any person in any jurisdiction where such solicitation, offer, recommendation, purchase or sale would be unlawful under the laws of that jurisdiction. The AMC Website may be used by any person from location outside India for information purposes only, or where AMC/Fund provides any transaction services or any other informational services, for such services only. The Online Transaction Facility should not be used by any person located in a non-Indian jurisdiction, if access to or usage of the AMC Website or availing any services under the same is not lawful in any such jurisdiction or in India.

32. The User agrees to abide by the AMC's Terms and Conditions and rules in force and the changes in Terms and Conditions from time to time relating to Online Transaction Facility. as including those set out in Internet TPIN Terms & Conditions, Privacy Policy, Online Information Collection, Visitor Data Collected on this Website, Information on our Website Security, Secure Server Software, Use of Cookies(definition, types i.e. session & persistent). The user hereby confirms and acknowledges that he has read the Risk Factors and has agreed to make this agreement after having become aware of the Risk Factors.

33. Governing Law & Jurisdiction : This Agreement is governed by and construed in accordance with the laws of India. The Courts of Mumbai shall have exclusive jurisdiction over any disputes arising out of or in connection with this dispute. The TPIN and all the transactions carried out through TPIN are subject to the terms and conditions of the SAI, SID & KIM of the schemes of Taurus Mutual Fund, read with the addenda issued from time to time. In connection with any dispute arising out of or in connection with these Terms and Conditions the AMC may make an application to the Chief Justice of the Bombay High Court or an institution appointed by him for the appointment of the arbitrator. The arbitrator appointed shall be the sole arbitrator for resolving all the disputes between the Parties in accordance with the provisions of the Arbitration and Conciliation Act 1996. The Arbitration proceedings shall be conducted in the city of Mumbai and the language of the arbitration shall be English

34. Notice: Any notice, communication or documents required to be given by either Party to the other under the terms of the Agreement, may be given by personal delivery, registered post, by fax, or by other electronic medium as agreed by both parties from time to time at the following address:
If to the Fund:
Taurus Asset Management Company Limited,
AML Centre-1, 8, Mahal Industrial Estate,
Mahakali Caves Road, Andheri (East)
Mumbai 400 093.
Fax No.: 022- 66242777
E-mail id : amcwebhelp@taurusmutualfund.com
The notice, communication or document shall be deemed to be effective if given by personal delivery when delivered, if given by post/ courier on expiration of seven days after the notice, communication or document is delivered to the post office/ courier company for onward dispatch, if given by fax /e-mail upon transmission thereof. Provided that any notice, communication or document given by fax/e-mail shall be followed by a communication in writing.

35. These Terms and Conditions For Online Transaction Facility constitute a binding contract in law between the User and the AMC.