Terms of Service

This Terms of Use (“User Agreement”) between:

Mintcap Brokers Private Limited having its registered office and principal place of business at Plot No 1290, Second Floor, 17th Cross, 5th Main, Sector-7, HSR layout, HSR Layout, Bangalore, Bangalore South, Karnataka, India, 560102 (“Mintcap Brokers”or “FundsMint” or “we” or “our” or “us”)

And

You (hereinafter referred to as “Client” or “You” or “User”)

Whereas

(i) Mintcap Brokers is registered with AMFI as Mutual Fund Distributor (ARN:289109) for the distribution of regular mutual funds and provides services as set out in this User Agreement

(ii) You are desirous of availing the Services as set out in this User Agreement.

You hereby agree:

This “User Agreement” constitutes a legally binding agreement made between You and Mintcap Brokers, concerning your use and access to our Platform.

By accessing the Platform and/or availing services from our Platform, you have read, understood, and agree to be bound by:

(i) this User Agreement; and(ii) our Privacy Policy
IF YOU DO NOT AGREE WITH THE TERMS OF THIS USER AGREEMENT AND/OR OUR PRIVACY POLICY, YOU MUST DISCONTINUE THE USE OF OUR PLATFORM IMMEDIATELY.

For the purpose of this User Agreement, the term:

“Platform” shall mean the internet portal located at URL – www.fundsmint.com and the application “FundsMint”.

“Website” shall mean the URL – www.fundsmint.com

We shall periodically update this User Agreement and may change its terms without prior notice. It is your responsibility to review the terms regularly.You will be deemed to have read and to have accepted the changes in any revised User Agreement by your continued use of the Platform after the date such revised terms are posted. If you disagree with the terms or any modifications, please discontinue using all Services immediately and contact us at the address / email provided below.

Your access to and/or usage of our Platform is subject to your compliance with all the terms and conditions set forth in this User Agreement and our Privacy Policy. In order to avail services offered on our Platform, you may have to create an account based relationship with us(“Account”). We reserve the right to refuse to provide access to our Platform or to discontinue our services to any person or entity at any time for any reason.

We may require you to provide additional information to establish your identity as a condition for providing services to you or before we permit you to make use of services. We may make, directly or through any third party, any inquiries we consider necessary to validate information that you provide to us.

User Representation

By using the Platform, you represent and warrant that:

You are at least 18 years of age and that you are legally capable to comply with the terms of this User Agreement and our Privacy Policy ( If you are a minor, you may access and/or use the Platform through a legal guardian);
If you are entering into this Agreement on behalf of a legal entity, you have the authority to bind such an entity to this User Agreement and Privacy Policy, in which case the term “Client” or “You” shall refer to such entity.
All information you submit will be true, accurate, current, complete, and not misleading and that you will promptly update such information as necessary;
You will not access the Platform through automated or non-human means, whether through a bot, script or otherwise;
You will not use the Platform for any illegal or unauthorized purpose.

2. Prohibited Activities:

As a User of the Platform, you agree not to:

use or access the Platform for fraudulent or any other purpose that is forbidden under or in violation of any law for time being in force or violates this User Agreement;
interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform;
trick, defraud, or mislead us and other users/ persons/ entities, especially in any attempt to learn sensitive account information such as user passwords
make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by any means
attempt to impersonate another user or person or use the username or Account of another user
use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the content for any revenue-generating endeavor or commercial enterprise
attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform;
Reverse engineer, decipher, decompile, disassemble software/ program making up part of the Platform
Harm or sabotage our reputation or goodwill and/or of the Platform

3. Provision of Services:
You acknowledge and agree that, for the provision of Services under this Agreement:

Mintcap Brokers shall carry out all activities that are required to fulfill its regulatory obligations for the provision of Services under this Agreement such as establishing your identity, perform credit checks, background verification, screenings or due diligence etc
Mintcap Brokers will consider the instructions placed with the use of your Login Credentials to have originated from You. You are solely responsible for the security of your Login Credentials. Mintcap Brokers shall not be held liable for carrying out any instructions placed from your account utilizing your Login Credentials which may be unauthorized due to any reason including an information leak or security breach.
Mintcap Brokers may utilize third party vendors (“Vendors”) for support in provision of Services.
Mintcap Brokers, or its Vendors, may:

contact you on issues relating to provision of Services;
communicate with its Service Partners or Manufacturers and their authorized service providers on your behalf for financial or non-financial transactions; and
record all your interactions with them including phone calls, chats, conversations and emails, with its employees for legal compliance, security, employee training, and other lawful purposes.

Your bank may charge you a fee for facilitating transactions, or for failing to maintain sufficient balance to make an investment from your bank account.
We may inspect your Account for any reason, including without limitation to investigate any alleged violation of this User Agreement or any third-party complaints.

4. Credentials and Security

Your login credentials, email address/phone number will be used to grant you access to the Platform. You are responsible for maintaining the secrecy and security of your Credentials and for restricting access to personal devices and systems that may store the Credentials, You should take all necessary steps to ensure that the Credentials are kept confidential and secure. You should not disclose your Credentials to any third party. You shall be responsible for all losses relating to an unauthorized transaction from your Account if you have acted fraudulently or failed, either intentionally or negligently, to use your Account in accordance with this User Agreement, to protect your Credentials, or to notify us of any unauthorized transaction.If any of your Credentials are compromised, you must notify us immediately at mfund@capmint.com

5. Privacy:

By using our Platform, you agree to be bound by our Privacy Policy and consent to the collection, use, and disclosure of your personal data in accordance with it.

6. Suspension and Termination:

We may terminate this User Agreement, for any reason at any time with/without written notice.

Further, we may suspend your access to our Platform and block access to your Account and deactivate it under the following circumstances:

(i) you have violated the terms of this User Agreement or the Privacy Policy;

(ii)you pose a fraud risk to us in our opinion;

(iii) you have provided false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct;

(iv) security concerns regarding your Account, including your Credentials; or

(v) we suspect unauthorized or fraudulent use of your Account.

In such cases we will inform you of the deactivation of your Account and the reasons for it, where possible, before the deactivation and in any event promptly thereafter, unless we determine that giving such information would compromise security concerns or is prohibited by applicable law. We will reactivate your Account or Credentials, or replace it or them, as applicable, once we have resolved the reasons for deactivation to our satisfaction.

Neither Mintcap Brokers nor its Group Companies, affiliates, directors, officers shall be be liable to you for compensation, reimbursement, or damages of any kind, direct or indirect, including any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss in connection with termination or suspension of your Account for any reason.

Upon termination of this User Agreement for any reason:
(i) all license or other rights granted to either party under this User Agreement will immediately terminate;

(ii) your access to the account and Platform will be terminated.

7. Platform availability
Mintcap Brokers undertakes to make best efforts to ensure the uninterrupted availability and error free transmissions and communications in the Platform. However, this cannot be guaranteed due to the nature of the internet. Mintcap Brokers shall not be held liable for any interruptions in providing the services. Further, Users’ access to the Platform or Account for availing services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice.

8. Intellectual Property
Mintcap Brokers, its licensors and their respective affiliates, as the case may be, are the sole and exclusive owners or licensees of the trademarks, service marks, trade names, logos, and copyrighted or copyrightable materials of Mintcap Brokers and its affiliates. Users shall not, directly or indirectly, use, make public statements, interfere with, challenge, file applications for, or claim ownership of these trademarks anywhere in the world.

9. Third-Party Websites & Content

The Platform may contain (or you may be sent via the Platform) links to third-party websites as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
Such third-party websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Content accessed through the Platform. Inclusion of, linking to, or permitting the use or installation of any third-party websites or any Third-Party Content does not imply approval or endorsement thereof by us.

If you decide to leave the Platform and access the third-party websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Platform or relating to any applications you use or install from the Platform.

Mintcap Brokers shall not be liable for any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with third-party websites.

10. Indemnity

You shall indemnify and hold harmless Mintcap Brokers, its Group companies and its affiliates, and their respective officers, directors, agents, employees and representatives, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of:
(i) your use of services;

(ii) your use of our Platform;

(iii) breach of your representations, warranties, or obligations set forth in this User Agreement;

(iv) any dispute or litigation caused by your actions or omissions;

(v) your negligence or violation or alleged violation of any applicable law, rules or regulations or the rights of any other person.

11. Warranties and Limitation Of Liability

THE PLATFORM AND ALL RELATED INFORMATION, CONTENT, MATERIALS, AND SERVICES MADE AVAILABLE TO YOU ARE PROVIDED BY MINTCAP BROKERS ON AN “AS IS” AND “AS AVAILABLE” BASIS.

MINTCAP BROKERS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO SERVICES OR THE PLATFORM INCLUDING WITHOUT LIMITATION:

(A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, SUITABILITY, RELIABILITY, COMPLETENESS, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; (B) THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR, OR WILL CONTAIN ANY PARTICULAR FEATURES OR FUNCTIONALITY;

(C) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR TRADE USAGE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR PLATFORM IS AT YOUR SOLE RISK AND THAT YOU ARE USING YOUR BEST AND PRUDENT JUDGMENT BEFORE ENTERING INTO ANY TRANSACTIONS USING OUR PLATFORM; (D) ELECTRONIC COMMUNICATIONS SENT FROM MINTCAP BROKERS OR ITS AFFILIATES, SERVICE PROVIDERS, VENDORS ARE FREE OF VIRUSES OR OTHER MALWARE OR HARMFUL COMPONENTS.

AT NO TIME SHALL ANY RIGHT, TITLE OR INTEREST IN THE PRODUCTS AND/OR SERVICES MADE AVAILABLE ON THE PLATFORM BY THIRD PARTIES, VEST WITH MINTCAP BROKERS NOR SHALL MINTCAP BROKERS HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF ANY TRANSACTIONS BETWEEN USERS AND SUCH THIRD PARTIES. WE SHALL NEITHER BE LIABLE NOR BE RESPONSIBLE FOR ANY ACTIONS OR INACTIONS OR ANY BREACH OF CONDITIONS, REPRESENTATIONS OR WARRANTIES BY SUCH THIRD PARTIES AND HEREBY EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY IN THAT REGARD. WE DO NOT IMPLICITLY OR EXPLICITLY SUPPORT OR ENDORSE THE PRODUCTS AND/OR SERVICES OFFERED BY THIRD PARTIES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR GROUP COMPANIES AND OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES) WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS USER AGREEMENT OR THE PLATFORM (INCLUDING THE INABILITY TO USE THE PLATFORM). IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR GROUP COMPANIES AND OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES) WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS PURCHASED OR TRANSACTIONS ENTERED INTO THROUGH OUR PLATFORM.

WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL WE, OUR GROUP COMPANIES OR ANY OF OUR AFFILIATES BE LIABLE TO YOU FOR ANY FAILURE OR DELAY BY US (OR OUR EMPLOYEES, AGENTS, OR REPRESENTATIVES) IN PERFORMING OUR OBLIGATIONS UNDER THIS USER AGREEMENT, WHERE SUCH FAILURE OR DELAY IS CAUSED BY UNFORESEEABLE CIRCUMSTANCES OR CIRCUMSTANCES BEYOND OUR CONTROL, OR WHERE WE ARE BOUND BY OTHER LEGAL OBLIGATIONS UNDER APPLICABLE LAW.

12. Applicable Law

This User Agreement shall be governed by the laws of India.

13. Disputes

Any disagreement, conflict, or claim arising from or connected to this User Agreement (referred to as a “Dispute”) initiated by either you or us (individually a “Party” and together, the “Parties”), shall first be addressed through informal negotiation. The Parties agree to try to resolve any Dispute (except as explicitly excluded below) through informal discussions for a minimum of ninety (90) days before starting arbitration. These informal negotiations will begin when one Party provides written notice to the other.

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction in respect thereof. Each Party shall appoint an arbitrator. The two arbitrators shall jointly appoint the third arbitrator who shall be the chairman of the arbitration panel. The seat and venue of such arbitration shall be at Bangalore.

Exceptions to Arbitration

Following Disputes are not subject to the above provisions concerning binding arbitration:

(a) any Dispute seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of Mintcap Brokers;

(b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and

14. Assignment:
Mintcap Brokers shall have the right to assign this User Agreement without your prior written consent or intimation to you.
You shall not assign or transfer any rights, obligations, or privileges that you have under this User Agreement without our prior written consent. Subject to the foregoing, this User Agreement will be binding on each party’s successors and permitted assigns. Any assignment or transfer in violation of this User Agreement will be deemed null and void.

CIN – U66110KA2023PTC178706
AMFI Registered Mutual Fund Distributor: ARN-289109

Registered Address: Plot No 1290, Second Floor, 17th Cross, 5th Main, Sector-7, HSR layout, HSR Layout, Bangalore, Bangalore South, Karnataka, India, 560102

Contact No: 080 – 49552310
For any complaints, feedback or queries, email mfund@capmint.com

Mutual Fund Data Feed is provided by Accord Fintech Pvt. Ltd.

Last updated: November 11, 2024