Terms & Conditions:*
These terms and conditions state the provisions under which you (the "Distributor"
or 'you' or 'your', which expression shall unless
repugnant to the context or meaning thereof, mean and include its successors, administrators,
executors and permitted assigns) hereby agree to visit, access and interact with
the website 'www.rmfpartners.com'
(the "Website") (the "Terms and Conditions").
The Terms and Conditions are a binding contract between the Distributor and Reliance
Capital Asset Management Limited (as asset manager of Reliance Mutual Fund ("RMF")),
a company incorporated under the Companies Act,1956, having its registered office
at 'H' Block,1st Floor, Dhirubhai Ambani Knowledge City, Koparkhairne, Navi Mumbai
- 400 710, Maharashtra and corporate office at One Indiabulls Centre, Tower One,
11th & 12th Floors, Jupiter Mill Compound, 841 Senapati Bapat Marg, Elphinstone
Road, Mumbai - 400013 (hereinafter referred to as, "RCAM", which
expression shall unless repugnant to the context or meaning thereof, mean and include
its successors, administrators, executors and permitted assigns) for granting you
access to and use of the Website to enable you to enhance your investor relationship
management in respect of your customers, who are investors in any scheme of Reliance
Mutual Fund, and which have been sourced by you and are mapped to your ARN code
(the "Permitted Use").
Please read these Terms and Conditions carefully. By clicking on the 'Accept' tab
at the end of this page, you acknowledge that you have read, understood and agree
to be legally bound by them, for accessing and usage of the Website for the purposes
of the Permitted Use.
(The Distributor and RCAM are hereinafter individually referred to as 'Party' and
collectively as 'Parties')
- RCAM is constituted as an asset management company and has obtained approval from
the Securities and Exchange Board of India ("SEBI") to act as an asset manager of
Reliance Mutual Fund (hereinafter referred to as "RMF / Fund"), a mutual fund set
up and existing under the laws of India and registered with SEBI;.
- The Distributor is engaged in the distribution of financial products. RCAM has appointed
the Distributor to distribute units of various schemes of the Fund vide an agreement
executed with the Distributor.
- RCAM has developed the Website and at the request of the Distributor and in order
to enhance investor relationship management in respect of the investors of Reliance
Mutual Fund, which have been sourced by the Distributor and are mapped to the ARN
code of the Distributor (the "Customers"), RCAM has agreed to provide to the Distributor
limited access to and permission for usage of the Website for the purposes of Permitted
Use in relation to the Customers.
NOW FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH
IS HEREBY ACKNOWLEDGED, THE DISTRIBUTOR HERETO AGREE AS UNDER:
- 1. SCOPE:
- 1.1. RCAM hereby agrees to provide to the Distributor with a non-exclusive right
to access and use the Website, in respect of Permitted Use for its Customers, on
as is where is basis.
- 1.2. The Distributor hereby acknowledges that access to the Website is being granted
to the Distributor only with a view to enhance Customer relationship management
and consequently the Distributor shall only have limited non-exclusive permission
to use the Website for Permitted Use only
- 1.3. The Distributor may access the Website for undertaking the following activities:
- a. Activity Management
- b. Contact Management
- c. Lead Management
- d. Case Management
- e. Document Management
- f. Request for Reports
- g. Report Management
- h. Business Enabler
- 1.4. The Distributor hereby agrees and confirms that the access to the Website is
an additional facility being provided by RCAM to the Distributor and RCAM may, in
its sole and absolute discretion, and with or without any notice to the Distributor
withdraw or restrict access to the Website partially or in entirety. The Distributor
further agrees and confirms that the list of activities mentioned hereinabove is
only indicative in nature, and RCAM may introduce or withdraw any activity at any
time, with or without notice to the Distributor, as it may deem fit in its absolute
discretion. The Distributor further agrees and confirms that RCAM may, with a prior
intimation to the Distributor, charge such fees and levy such charges for granting
access to the Website as it may deem fit.
- 2. THE DISTRIBUTOR'S COVENANTS, DECLARATIONS, REPRESENTATIONS & UNDERTAKINGS
- 2.1. The Distributor hereby declares, represents and undertakes that it shall follow
the instructions, rules, regulations, terms, conditions and procedures, as may be
laid down by RCAM from time to time, for accessing and usage of the Website and
shall allow access and usage to only itself / himself or its / his authorised personnel,
as the case may be.
- 2.2. The Distributor hereby acknowledges, confirms and undertakes that it has been
granted the access and permission to use the Website only to the extent and for
the purposes stated in these Terms and Conditions and shall not access or use the
Website for any other purposes.
- 2.3. You hereby expressly agree ad covenant not to:
- a) Access data not intended for you or log into server or account that you are not
authorized to access;
- b) Attempt to probe, scan or test the vulnerability of a system or network;
- c) Attempt or breach security or authentication measures without proper authorisation;
- d) Attempt to interfere with, access to any other user including but not limited
to by submitting a virus of any kind or Trojan horse to the Website, overloading,
Flooding, mail bombing or crashing;
- e) Copy, distribute, download, display, perform, reproduce, modify, edit, alter,
enhance, broadcast or tamper with in any way or otherwise use any material contained
in the Website except as permitted;
- f) Copy and distribute this information on any other server, or modify or re-use
information, text, graphics, sound, etc. on this Website to any other system. No
reproduction of any part of the Website may be sold or distributed for commercial
gain nor shall it be modified or incorporated in any other work, publication or
Website, whether in hard copy or electronic format, including postings to any other
- g) Remove any copyright, trade mark or other intellectual property notices contained
in the original material from any material copied or printed off from the website
or link to this web site, without our express written consent.
- Violations of system or network security may result in civil or criminal liability.
- 3. COPYRIGHT
- 3.1. The Website contains materials, including texts, graphics, sound, etc., which
is protected by copyright and / or intellectual property rights. Any person who
is accessing or has accessed any information or data from the Website acknowledges
and agrees that all proprietary rights, statutory or otherwise, in the information,
texts, graphics, sound, etc. shall and will remain the exclusive property of its
owners. Any reproduction, redistribution, or transmission, for consideration or
otherwise, of any such information, texts, graphics, sound, etc. contained in this
Website is strictly prohibited and would constitute a breach of these terms and
- 3.2. You may print and download portions of material from the different areas of
the Website solely for your own non-commercial use. You understand and agree that
unauthorized copying, displaying or other use of any contents of this Website would
amount to material breach of the Terms and Conditions and is a violation of law.
You may not sell or modify the content of this Web Site or reproduce, display, publicly
perform, distribute, or otherwise use the materials in any way for any public or
commercial purpose without RCAM's written permission.
- 3.3. All logos, brands, trade marks and service marks ("Marks") appearing in this
Website are the properties either owned or used under license by RCAM and / or its
associates. All rights accruing from the same, statutory or otherwise, wholly vest
with RCAM / its Associates. The access to this Website does not confer upon you
any license in respect of these Marks and therefore the use of these Marks in any
form or manner, whatsoever is strictly prohibited. Any violation of the above would
constitute an offence under the laws of India.
- 4. NO WARRRANTY
- 4.1. The contents on the Website, including the data, text, names, images, logos,
links to third party sites is being provided by RCAM on "AS IS WHERE IS" basis,
without any representations or warranty of any kind whatsoever (whether express
or implied), including the implied warranties of satisfactory quality, fitness for
a particular purpose, non-infringement, merchantability, compatibility, security
- 4.2. Without prejudice to any other provision of these Terms and Conditions, RCAM
does not warrant that the usage of the Website will be uninterrupted or free from
errors or that any identified defect will be immediately corrected; or that the
Website is free from any virus or other malicious, destructive or corrupting code,
program and accordingly the Distributor shall not hold RCAM responsible for any
breakdown / interruption or any technical flaw in the Website.
- 4.3. RCAM makes no express or implied warranty with respect to the Website including,
without limitation, any warranties of non-infringement of third party rights, title,
merchantability, satisfactory quality or fitness for a particular purpose and further
exclude any or all liability for any loss or damage of data, or interruption or
stoppage of the Distributors' access to and/or use of the Website.
- 4.4. RMF/ RCAM shall not be liable, in any manner whatsoever, for any direct, indirect,
incidental, special or consequential damages arising out of or in any way connected
with the access and / or use of the Website or due to the delay or inability to
use the Website or arising out of the Website in any other manner whatsoever.
- 4.5. From time to time the Website may also include links to other websites. These
links are provided for your convenience to provide further information. They do
not signify that we endorse the website(s). We have no responsibility for the content
of the linked website(s).
- 4.6. To the maximum extent permitted by applicable law, RCAM disclaims all warranties,
express or implied, including but not limited to implied warranties and representations.
Further, RCAM does not undertakes any liability whatsoever, in contract or tort
(including liability for negligence) or otherwise, towards and / or for the acts
or omissions of any third party equipment and service providers or for faults or
failures of such third party provider's, equipment and/ or services. RCAM shall
not be responsible for any failure on part of the Distributor to access or use the
Website, including but not limiting to, the Distributor not being within the geographical
limits within which access to the Website is offered.
- 5. INDEMNITY
The Distributor hereby unconditionally and irrevocably agrees and undertakes to
keep RCAM, its successors, affiliates, directors, officers and employees ('Indemnified
Parties') duly indemnified, saved and harmless at all times, against
all demands, claims, actions, proceedings etc., which may be threatened, made or
brought against any Indemnified Parties and also against, including but not limiting
to, all losses, outgoings, damages, costs, fines, penalties, charges and expenses,
etc., which any Indemnified Parties may suffer or incur by reason or in consequence
thereof or in connection therewith, with respect to any claim or legal notice or
proceedings to which they may be required to become a party and/or to which they
may be subjected, arising directly or indirectly out of these Terms and Conditions
or breach of any provision, obligations, undertaking or representation under these
Terms and Conditions by the Distributor (including its employees).
- 6. CONFIDENTIALITY
- 6.1. The Distributor irrevocably & unconditionally agrees and undertakes that all
information, whether written or oral, including but not limiting to documents, data,
applications, software, systems, papers, notices, statements, business or Customer
information and RCAM / RMF's practices and trade secrets which may be shared, communicated
with, accessed to by the Distributor or its employees under or pursuant to these
Terms and Conditions (hereinafter collectively referred to as "Confidential Information")
shall be treated as absolutely confidential and the Distributor irrevocably agrees
and undertakes that the Distributor and its employees shall keep the same as strictly
secret and confidential and shall not disclose the same, at all, in whole or in
part, to any person(s) at any time and shall neither use nor shall allow the Confidential
Information to be used for any purpose other than for the purposes of Permitted
Use. The Distributor undertakes that it shall take all necessary actions to protect
the Confidential Information against misuse, loss, destruction, deletion or alteration
and shall limit access to the Confidential Information to only such personnel who
have a need to know the same to fulfill the Distributor's Obligations.
- 6.2. The Distributor irrevocably agrees and undertakes that it shall not make nor
shall allow anybody to make nor shall retain any copy or record howsoever created
of any of the Confidential Information and shall promptly notify RCAM of any unauthorised
or improper use or disclosure of the Confidential Information.
- 6.3. There may be times when RCAM may need information from you. Additionally some
part of our Website may require you to complete a registration form or seek some
information from you. Our goal in collecting such information is to offer you a
more personalized browsing experience and services. When you let us have your preferences,
we will be able to deliver or allow you to access the most relevant information
that meets your end. To extend this personalized experience, the Website may save
information on your system in the form of cookies. RCAM will not use or share any
information collected at this Website in any manner except as permitted at law.
- 7. NO WAIVER
No forbearance, delay or failure on part of RCAM to exercise any power or right
shall operate as a waiver of such power or right, nor shall any single or partial
exercise of such power or right preclude any further exercise of that or any other
power or right.
- 8. SEVERABILITY
Every provision contained herein shall be severable and distinct from every other
such provision and if at any time any one or more of such provisions is or becomes
invalid, illegal or unenforceable in any respect under any law, the validity, legality
and enforceability of the remaining provisions hereof shall not be in any way affected
or impaired thereby.
- 9. ENTIRE AGREEMENT
- 9.1. These terms and conditions together with any documents expressly referred to
in them, contain the entire Agreement between the Parties relating to the subject
matter covered and supersede any previous Agreements, arrangements, undertakings
or proposals, written or oral: between us in relation to such matters. No oral explanation
or oral information given by any party shall alter the interpretation of these terms
and conditions. In agreeing to these terms and conditions, you have not relied on
any representation other than those expressly stated in these terms and conditions
and you agree that you shall have no remedy in respect of any misrepresentation
which has not been made expressly in this Agreement.
- 9.2. RCAM reserves the right to amend these Terms and Conditions periodically. Any
amendments made to these Terms and Conditions will be considered effective immediately
after the amendments are posted on the Website and the Distributor agrees to be
unconditionally bound by such Terms and Conditions, as amended. The Distributor
may review the modified Terms and Conditions periodically to be aware of such modifications
and its / his continued access or use of the Website, shall be deemed conclusive
proof of acceptance of these Terms and Conditions, as modified from time to time.
RCAM may also suspend the operation of this web site for support or maintenance
work, in order to update the content or for any other reason.
- 10. TERMINATION
- 10.1. This Agreement is effective unless and until terminated by either of the Parties.
The Distributor may terminate this Agreement at any time by communicating to RCAM
and surrendering the access tools, provided that all prior uses of this Website
shall be governed by this Agreement. RCAM may terminate this Agreement at any time
and without notice, and accordingly deny you access to this web site, in it's sole
discretion for any reason, including Distributor' failure to comply with any term
or provision of this Agreement. Upon any termination of this Agreement by either
of the Parties, the Distributor must promptly destroy all materials downloaded or
otherwise obtained from the Website, as well as all copies of such materials, whether
made under the terms of this Agreement or otherwise.
- 10.2. These Terms and Conditions and the rights arising there from shall automatically
stand terminated upon termination of aforesaid empanelment agreement or the termination
/ expiration of the applicable license(s) for the Website.
- 10.3. Upon the termination of this Agreement by RCAM, the Distributor shall forthwith
stop accessing or using the Website.
- 11. GOVERNING LAW AND JURISDICTION
- 11.1. These Terms and Conditions are 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 these terms and conditions. All the
actions undertaken by the Distributor using the Application Software shall continue
to be governed by the said empanelment agreement. Any dispute arising out of or
in connection with these Terms and Conditions will be referred to arbitration of
a sole arbitrator to be appointed by RCAM, in accordance with the Arbitration &
Conciliation Act, 1996.
- 11.2. These Terms and Conditions are subject to Securities and Exchange Board of
India (Mutual Funds) Regulations, 1996 and guidelines issued there under as amended
from time to time and other laws, rules and regulations issued by the Government
of India or any other statutory authorities.
- 11.3. RCAM does not routinely monitor your postings to the web site but reserves
the right to do so. However, if RCAM becomes aware of inappropriate use of the web
site or any of its services, RCAM will respond in any way that, in its sole discretion,
RCAM deems appropriate. You acknowledge that RCAM will have the right to report
to law enforcement authorities any actions that may be considered illegal, as well
as any information it receives of such illegal conduct. When requested, RCAM will
co-operate fully with law enforcement agencies in any investigation of alleged illegal
activity on the Internet.
- 12. NOTICE
- 12.1. Any notice, communication or other documents required to be given by either
Party to the other under the terms of these Terms and Conditions, 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 addresses:
- a) If to RCAM:
Reliance Capital Asset Management Limited,
One Indiabulls Centre, Tower 1, 11th & 12th Floor, Jupiter Mill Compound,
841, Senapati Bapat Marg Elphinstone Road, Mumbai - 400 013
Telephone: +91 22 30994600, Fax: + 91 22 30994699
- b) If to the Distributor: At the address of the Distributor as recorded with RCAM.
- 12.2. The notice, communication or document shall be deemed to be effective if given
by personal delivery when so delivered, if given by post on expiration of seven
days after the notice, communication or document is delivered to the post office
for onward dispatch, if given by fax or telex upon transmission thereof. Provided
that any notice, communication or document given by fax, shall be followed by a
confirmation in writing.