Terms and Conditions

By continuing to use this website and/or application (“the Platform”), you agree to be bound by the terms and conditions (“Terms”) set out below. Please read the Terms carefully. If you do not agree to the Terms in their entirety, please do not use or access the Platform. The Company through this Platform provides various technology services to its users and Associate Companies.

1. Definitions
   
   
   

   “Associate Companies” shall mean Windmill Capital Private Limited, Anchorage Technologies Private Limited, Nexum Finvest Private Limited and Essential Investment Managers Private Limited.

   “Company” shall mean Smallcase Technologies Private Limited

   “Intellectual Property Rights” shall mean and include, without limitation, any patents, all current and future copyrights, trademarks, trade secrets, know-how, service marks, database right, inventions, patents, topographies, trade and business names, domain names, marks and devices (whether or not registered), design right, moral right or any other property rights (in each case, whether registered or not and including applications for registration, if any) that grant similar rights as the foregoing, anywhere in the world.

   “Services” shall mean the services provided by the Company and shall also include the services provided to the User by the Associate Companies or third parties on the Platform;

   “User” or “you” shall mean any person, who accesses, uses, installs, or views the Platform (even if you do not avail the Services provided);

   “User Data” shall mean any personal and/or sensitive data, information, user transaction data including but not limited to: Aadhaar number and personal information such as your name, address, date of birth, telephone number, gender, e-mail address, location, proof of identity, and other financial and credit information relating to you, including but not limited to bank details, account information and other details.
   
   

2. Services
   
   1) The Company operates the Platform to enable the User to avail the Services. The User acknowledges that not all the Services on the Platform are provided by the Company and services may be provided by the Associate Companies or other third parties. The User shall, before availing such Services, read the terms and conditions and privacy policy of such Associate Company and/or third parties also (as applicable). The Company shall not be liable for any Service that is availed by the User from such Associate Company or third party.

   2) While you access the services, the Company will act on your express instructions, and any transactions carried out on your behalf shall be subject to your sole consent, discretion and responsibility;

   3) For enabling the Services, the Company/Associate company shall partner with corporate entities including but not limited to brokerage firms,Execution Only Platforms, investment advisors, research analysts that are registered with the Securities and Exchange Board of India (“SEBI”) and NBFCs/Banks that are registered with the Reserve Bank of India (“RBI”);

   4) In order to offer the Services to you, you may be required to create a user profile on the Platform and provide personal and financial information, including but not limited to name, email address, gender, date of birth, contact information, bank details and documents, PAN card, and other information including User Data. You acknowledge that providing such information is necessary for the use of the Services and agree that such information shall be accurate and complete, failing which the Company may cancel or refuse any part of the Services offered to you. You hereby grant your express authorisation to the Company to access, collect, store, and use such data for providing the Services;

   5) The Company is required to collect User Data, in accordance with the Company’s Privacy Policy available for viewing here;

   6) You hereby acknowledge, agree and grant your express authorization to the company and Associate companies that the information shared by you on the platform or received by the Company and Associate companies from various intermediaries and third parties may be shared within the Company, Associate Companies and other third parties

   7) You hereby acknowledge, agree and grant your express authorization to the company and associate companies to receive your investment, financial, personal and other data from different third parties and intermediaries to provide services on the platform

   8) You declare that you have read, understood and agree to the disclosures made here

   9) You agree that the records maintained by the Company in respect of the transactions effected using our Services shall be sufficient proof of such transactions;

   10) The Company/Associate company shall not be liable or responsible for any actual or threatened losses, damages, expenses, disputes or otherwise any claims made in respect of the use or misuse of the Services by you, and the Company/Associate company shall be entitled to cancel or refuse to offer the Services to you without any notice or obligation to provide reasons;

   11) The efficiency and confidentiality of the information provided by you shall always be subject to the software and hardware used by you, including the capability of your electronic device, internet connection, and such other specifications or features that may be relevant for or ancillary to accessing the Platform and availing the Services;

   12) By accessing the Services through the Platform, you represent that (a) you are competent to contract with the Company and (b) you consent to these Terms;

   13) The availability of the Platform and the Services will be subject to any fixes or updates that the Company or the Associate Companies may find necessary to make, and you acknowledge that the Company or the Associate Companies shall not be liable in any manner whatsoever towards any damages, losses or other claims which may be threatened or incurred as a result;

   14) The Company may amend these Terms, the Privacy Policy or such other terms as it deems necessary from time to time, and you acknowledge and understand that your continued access to the Platform and use of the Services shall be subject to such terms as may be made applicable from time to time. You should periodically review these Terms and Privacy Policy for any latest amendments. Once posted, those changes are effective immediately unless stated otherwise. Continued access or use of the Services constitutes your acceptance of the changes and the amended Terms and Privacy Policy. However, if you do not agree with the changes, please do not continue to use the Services or submit Information to us.
   
   

3. Services offered by the Associate Companies on the Platform
   

   1) Windmill Capital Private Limited (“WCPL”)
   a) WCPL is a SEBI-registered research analyst that provides portfolio research services as well as various other research products/tools
   2) Anchorage Technologies Private Limited (“ATPL”)
   a) ATPL is an AMFI-registered Mutual Fund distributor that provides mutual funds fetch and tracking services
   3) Essential Investment Managers Private Limited (“EIMPL”)
   a) EIMPL is a SEBI-registered non-individual investment advisor. EIMPL does not provide any advisory services on the Platform.
   b) EIMPL provides non-advisory services on the Platform through partnerships with various RBI-registered NBFCs/Banks (“Lenders”), enabling you to avail credit facilities from the Lenders, via a separately identifiable department which works at an arm’s length from the advisory department of EIMPL
   c) You declare that you have read, understood and agree to the disclosures made by EIMPL here
   d) EIMPL has associated with Bajaj Finance Limited to enable you to avail loan against securities
   e) EIMPL will share the data, details & documents provided by you or collected on the platform with Bajaj Finance Limited in order to facilitate credit facilities
   f) The required data, details & documents referred above will be shared with Bajaj Finance Limited/other partner Lenders only if and when you submit an application for availing the credit facility
   
   For any grievances related to the Services provided on the platform, kindly reach out to the grievance officer, Mr Vasanth Kamath using help@smallcase.com

4. Services related to smallcase subscriptions
   
   

   1) The Platform enables Users to subscribe to investment products offered by SEBI registered intermediaries such as Investment Advisers and Research Analysts (Managers), hosted on the Platform. The investment products are a basket of stocks, exchange-traded funds, REITs, mutual funds and other domestic and global securities (referred to as smallcases), created and managed by the Managers.

   2) The Users can subscribe to smallcases by choosing from the pricing plans offered by the respective Manager. The payment of fees happens from the User to the Manager through an authorized payment mechanism. Once subscribed, the User has the option to cancel the subscription

   3) The Users must note that the refunds of fees are at the discretion of the concerned Manager and are governed by the terms of services between the Manager and the User.

   4) Auto renewal of subscriptions: There are various subscription plans which are auto-renewed. The details of such renewal are made available to the user during the subscription process. Cancellation of these plans are also governed by the terms above.

   5) The Users can further refer to the Help and Support Section for details and queries related to smallcase subscriptions
   
   

5. Services relating to Mutual Fund Transactions
   
   1) To enable transactions in Mutual Funds, the users are directed to an Execution Only Platform (EOP) of MF Utilities India Pvt. Ltd (MFUI; AMFI registered Category 1 EOP bearing registration number: CAT-1 EOP-0001).
   

   2) The Company is merely a technology service provider for MFUI’s EOP Platform (also referred to as MFU System) and provides required services to MFUI

   3) Before executing the first transaction on the MFU System, MFUI creates a Mutual Fund Account and allots a Common Account Number or CAN

   4) The escalation matrix for grievances or making complaints to MFUI is available here

   5) By availing these services, you agree to the following terms & conditions specified by MFUI:
   
   a) I/We consent to conduct transactions through the MFU system.

   b) I/We acknowledge to have read and understood the Terms and Conditions contained herein as well as the Terms and Conditions applicable to CAN requests and agree to be legally bound by them always.

   c) I/We agree that CAN shall be created only upon the data submitted for CAN creation being complete in all respects and the supporting documents being in good order, clear and legible, to the satisfaction of MFUI.

   d) I/We agree and accord consent that MFUI may acquire any data / information / documents such as signatures, Bank Account details, etc. from KYC Registration Agencies (KRA) / AMCs / RTAs or any other third party as per my/ our terms of agreement with such parties and / or MFUI and utilize such data sourced from such parties for the creation of CAN. I / We also unequivocally authorize MFUI to obtain data / information / documents received and rely on them without validating the same with me / us.

   e) I / We agree that for completely electronic eCAN, MFUI will auto-generate a CAN Registration Form (CRF) based on the data / information / signature(s) / documents submitted by me / us received by MFUI. I/We also agree that the CRF so generated will be a valid and legally binding document for all purposes whatsoever related to the CAN.

   f) I / We agree that in the event of mismatch between the signature(s) as per CAN and RTA/ AMC records, the relevant folios may get de-mapped and the transactions under such de-mapped folios are liable to be rejected by the AMC / RTA.

   g) I / We agree that MFUI at its discretion may call for physical submission of CAN Registration Form (CRF) along with supporting documents and specimen signatures. MFUI reserves the right to seek any additional information / confirmation (oral / written) as it may deem necessary to authenticate the eCAN.

   h) I / We agree not to misrepresent my / our identity or provide information about any other person in the eCAN process or violate the legal rights of any person by creating a CAN on his /her behalf.

   i) I / We hereby declare that :
   
   1) I / We have read and understood the information, requirements and the instructions mentioned in Transaction Form (including  the Foreign Account Tax Compliance Act (FATCA) & Common Reporting Standards (CRS) instructions) and hereby confirm that the information provided by me / us on this form is true, correct and complete to the best of my / our knowledge and belief and provided after necessary consultation with tax professionals.

   2) I / We hereby agree and confirm to inform MFUI / AMC / Mutual Fund / Trustees for any modification to this information promptly. I / We further agree to abide by the provisions of the Scheme related documents inter alia provisions on FATCA and CRS on Automatic Exchange of Information (AEOI).

   3) In case any of the information is found to be false or untrue or misrepresenting, I / We am/are aware that I / We may be liable for it.

   4) I / We have provided all the necessary documents/annexures, wherever asked for, to substantiate the information provided by me/us in the form and agree to provide any further information if required, for this registration.

   5) I / We hereby agree and authorize MFU to map our existing and future folios with Mutual Funds to this CAN and update the CAN-related information provided hereinabove in these folios from time to time.

   6) I / We understand that in case of folios where the information/signature (s) doesn’t match with that of a CAN such folios may be de-mapped.

   7) I / We agree to indemnify MFUI from and against any claims, actions or demands, including without limitation legal fees alleging or resulting from the breach of any illegal, unauthorized or fraudulent usage of eCAN or the breach of terms and conditions contained herein.
   
   j) Transaction Terms: I / We agree that: