Terms & Conditions
By your use of or by browsing, accessing, and/or registering on Happyness Factory’s website or the associated website/mobile application, you agree that you have read, understood, and accepted all the terms and conditions of its usage and that your continued usage indicates that you agree to be unequivocally and legally bound by these terms and conditions and the privacy policy governing the website/mobile application (collectively, called the Governing conditions). If you do not agree to be bound by the Governing conditions, please do not use the website/mobile application.
Definitions
AMC refers to Asset Management Companies.
AMFI refers to the Association of Mutual Funds in India.
KYC refers to “Know Your Customer” as mandated by the Reserve Bank of India in the Know Your Customer guidelines.
Operator shall refer to the operator(s) of the website/mobile application which is MFA Wealth Pvt. Ltd.
Operator Offers refers to the sponsored information, links, details or alerts from the advertisers.
Privacy Policy refers to the privacy policy uploaded on the website/website application.
Scheme Documents refers collectively to the scheme information document, statement of additional information, addenda, notices, etc.
Services and Information refers collectively to any alert, article, analytics, view, video, information, advice, tool, calculator, analysis, report, data, content news, price, statistic, comment, feedback, advertisement, or any other service provided on or through or used by the website/website application.
User refers to you, i.e., the person who accesses this website for personal or any other authorized use.
User Agreement refers to (a) the user application form, which is generated on the basis of information and details provided by the user while accessing the website/mobile application (b) the KYC form, which is to be submitted by the user in case he/she is not KYC compliant as a prerequisite for making any investment through the website/mobile application, and (c) Bank mandate or National Automated Clearing House mandate for any recurring payment to be undertaken on behalf of the user as part of investments made through the website/mobile application.
By using or accessing the website/mobile application, you acknowledge and confirm that:
- You have the necessary capacity to enter this agreement and be bound by the Governing conditions, i.e. you are at least 18 years of age (or such other age of majority as maybe applicable in your jurisdiction) and in case you are acting as a guardian on behalf of a minor, you are authorized to register/sign up on behalf of the minor for accessing the services and information.
- You understand and agree to abide by the terms of the user agreement and other requisite and necessary documents which will be generated on confirmation of your registration on the website/mobile application. You are required to send us signed copies of these documents for successful registration.
- You have read and explicitly agree to the privacy policy and its application.
- All information provided by you for the purposes of registration on the website/mobile application is true and correct. You understand that it is your responsibility to keep the information provided by you updated. Any change or alteration to the information provided by you must be immediately updated with us.
- The operator may contact you through e-mail and/or by phone or through SMS in relation to your registration on the website/mobile application. You understand that by registering on the website/mobile application, you are specifically requesting the operator to contact you regardless of your DND Status submitted under the National Customer Preference Register 2011 full form. The operator further may contact you to update you about the status of your transactions, planning, and any other information that it deems important and also send you notifications with respect to new products, offerings, and other material information at its discretion.
- You have been made aware of the fact that the operator is an AMFI-registered distributor of mutual funds. The operator receives commissions from AMCs whose products we may recommend, detailed information on which is available on the website/mobile application. The current commission structure is given in the Disclosures herein.
- The user understands and undertakes that any invitation extended by them to any other user/users to join the Family Goal feature in the website as a sub-user/sub-users does not constitute any obligation or liability on the part of the operator. The user also agrees that the operator is in no way responsible or liable for any act of omission or commission that may arise out of acts committed by either the user or the sub-user/users as part of their relationship. The user further undertakes that the operator has no liability or responsibility with respect to any dispute that may arise between the user and sub-user/sub-users consequent to their being part of the Family Goal feature in the website. The operator holds the user and the sub-user/users liable for any act of omission or commission that may arise out of their usage of the Family Goal feature. The user agrees and consents by the act of using the Family Goal feature that their investments as well as the family goals created under the Family Goal feature will be visible to the sub-user/users.
- By accepting the invitation for being a member of the Family Goal feature, the user acknowledges, agrees and undertakes that they are accepting out of free will and the company has no liability or obligation towards the relationship between the users/sub-users who may be part of the Family Goal feature. The user further acknowledges and accepts that the company is not liable for any act of omission or commission by any user/sub-users in the group under the Family Goal feature on the website or any dispute that may arise during or after its use. The company further wishes to state that it has created the Family Goal feature on its website to help consenting individuals to plan for their financial goals and in no way connected with the agreements that the user and sub-user/users may have with respect to planning finances or investment arrangements that they plan or invest through the website. The company holds the user and sub-user/users liable for any act of omission or commission that may arise out of their usage of the Family Goal feature. The user agrees and gives consent by using the Family Goal feature on the website that their investments will be visible to the sub-user/users.
The website/mobile application displays information referring to products distributed or offered by the operator, including videos, and general and investor education-related information. Whilst the operator, to the extent possible, has undertaken reasonable efforts to make sure that the information and data available on this website/mobile application are complete, current, and accurate at the date of its publication. The operator does not provide any guarantee (express or implied), representation, or warranty as to the correctness, accuracy, competency, completeness, quality, performance, or fitness of the service and information. Further, any information or service provided or taken from a group/associate company or third parties are incidental and must be viewed as such. Notwithstanding anything contained in these terms, if the user wishes to access or rely on such advice or consultation, it shall be subject to the terms and conditions of the group/associate company or third parties.
The services and information provided on or through the website/mobile application is qualified to the following extent:
- These are only meant to be used for the purpose of information and general guidance.
- The services and information contain our recommendations, suggesting various options that you may choose. Any recommendations made are only suggestions and even if followed may not give you the desired result. The website/mobile application is not meant to be a recommendation to proceed or not to proceed with any investment decision.
- The information provided does not in any course whatsoever indicate or signify any opinion or assurance of any form or manner but is merely an indication of the user’s choice or inputs provided on the website/mobile application.
- It is expressly declared by the operator and deemed to be understood by the user that no liability shall arise on the operator’s website/mobile application or the operator for any loss incurred directly or indirectly to the user on any action taken by them based on the information provided on the website/mobile application.
The user of the website/mobile application shall be responsible to ensure that the services, products, and facilities that are provided there conform to the laws that are applicable in the respective jurisdiction. The user further undertakes that none of the services, offers, products, and facilities offered by the website/mobile application can be interpreted as a solicitation, an “offer to sell” or an offer to buy any products by or from any person(s) in their jurisdiction.
Users of the website/mobile application may be directed to other online portals for their own convenience. However, they should read the terms and conditions on such portals prior to using their services. The operator is in no way responsible for such portals.
It is further clarified and made explicit that information and services provided on the website/mobile application shall not in any manner whatsoever be deemed to be legal, tax or investment/financial advice, advice to buy or sell, or any kind of endorsement or solicitation to buy or sell any securities or any other financial instrument for any reason whatsoever or an opinion on the same.
Users shall be solely responsible for their decision in making any kind of investment in the financial and securities market or for any decisions that have been made by them in respect of any investment or financial-related matters through the operator or any investment vehicles or group or associate companies of the operator or by any third party engaged in providing such services and for all outcomes thereafter. Due to the presence of inherent risk in the financial and securities market, it is advised in the best interest of the users to obtain expert advice from independent legal, tax, accounting, or other professional experts before making any investment decision to ensure the much-needed protection against market risks or allied concerns therein. The results and analysis on the website might not be suitable for all users. The website/mobile application or the operator or any employees/representative/authorized personnel shall not be responsible for any decision made by the user through the website/mobile application.
We expressly state herein that no information, hosted on the website/mobile application or on any third party portal including but not limited to banks, billers, merchants, associate or group companies, to which the website/mobile application may direct you, is in any manner, true, accurate or free of deficiencies.
The operator or its employees/representatives/authorized personnel shall not be responsible for the information provided on the website/mobile application including but not limited to data feeds, rate and prices, and other similar market value information about any product/asset/property or securities. Henceforth, users are advised to check the latest market information, rates, values or prices independently prior to use of such services and information.
The website/mobile application shall have no liability whatsoever for any technical error and/or other issue and any harm or damage caused to the user. Except where expressly stated otherwise, the services are provided “AS IS” without any warranties, and the operator shall not be responsible for any kind of loss, non-delivery or failure to store any user data, alteration in other personalization settings, or interruption in service of any kind due to any error, bugs or other issues.
Further, in case of any harm or damage caused to the user due to usage/non-usage, availability/non-availability of the website/mobile application, termination or non-performance of the system due to the presence of any computer virus, data corruption, delay in operation or transmission, communication line failure or otherwise, neither the operator nor any of its directors, associates, employees or other representatives shall be held liable for the same.
The user is advised to take note that Mutual fund investments are subject to market risks and read the scheme information and other related documents carefully before investing. Past performance is not indicative of future returns. The user is further advised to consider their specific investment requirements before choosing a fund or designing a portfolio that suits their needs.
The website or the operator shall not be responsible for any errors or omissions or for any result obtained from the use of the website/mobile application or services and information. The operator hereby explicitly disclaims all liabilities of any nature on account of the use of the website/mobile application or services and information by the user. Neither the website/operator nor its affiliates or its group company or its directors, authorized representatives, or employees shall be held liable for any decision made or action taken by the user in reliance on the services and information, for any loss caused to them. The operator or the website/mobile application shall also not be liable for any direct, indirect, exemplary, special, punitive, or consequential damages. The user is advised and recommended to read the scheme and other related documents which are public and which may or may not be uploaded on the website/mobile application. The user is also recommended to read each and every disclaimer and the respective terms of facilities, products, services, and schemes displayed on the website/mobile application.
It is expressly stated that the services and information and advice if any delivered through the website/mobile application may not be necessarily accurate as it is based on the algorithm or mathematic computation which factors information provided by you, assumptions and market-related information procured by the operator from various sources and the calculations are based on approximation and acts as a generic guide. The website/mobile application and the operator strongly suggest that you seek expert advice from other sources or experts before making any investment through the website/mobile application.
Further, the website/mobile application or the operator is not qualified to give any investment advice and if any part of the services and information offered by the operator is construed as advice. The operator expressly states that the same is merely ancillary/incidental to the business undertaken by it.
All data, reports, videos, and/or information displayed on the website/mobile application are sourced and displayed on the website for the purposes of dissemination of information to you and to that extent it may also be provided by third parties. The website/operator makes no representations of any kind whatsoever about the accuracy, relevancy, or correctness of the content of the website/mobile application and/or third parties that the user may access through this website/mobile application. Users are advised to read the terms and conditions/disclaimers mentioned herein and on the portal of third parties that are being used, accessed, or relied on by them.
It is further advised to corroborate the accuracy of any information before relying on information provided on the website/mobile application. The website/mobile application or the operator disclaims all the liability that the user may experience as a result of depending on any such reports, data, or information and/or accessing any other website/mobile application and/or any third-party content that may be accessed from the website/mobile application.
The user understands and agrees that all the investments made by them through the website/mobile application are subject to a cut-off time stipulated by different AMCs post which the investments will only be processed on the next working day.
The user hereby understands and agrees that the services and information provided are general in nature and to support in planning their financial goals and may or may not suit everyone’s needs. Henceforth, they shall not in any case whatsoever consider or rely on the operator or the website/mobile application as a financial planner, financial intermediary, tax broker, or investment advisor broker.
The operator may receive a commission from the AMCs, on an annual/half-yearly/quarterly basis as given in the Disclosures.
The aforementioned commission has no relation to any investment suggestions made by the website/mobile application, as the suggestions are generated by an automated algorithm, without any human interference, relying on the correctness of the inputs received from the user and the market information available at that point of time.
Therefore, it is advised that they shall obtain additional information and seek the opinion of their financial coach or consultants who are fully aware of their individual circumstances.
All rights in relation to the patent, copyright, trademark, and/or with respect to other elements of intellectual property rights on the website/mobile application and in the information or any data contained herein are owned either by the website/operator or by relevant third party content providers. The user agrees not to modify, rent, lease, loan, sell, broadcast, reproduce, circulate, disseminate, distribute or create derivative work based on the service or information in any manner. Further, the user also undertakes that they shall not exploit any right related to copyright or any other intellectual property right vested in the content displayed on the website/mobile application including any text, images, audio, and video, in any unauthorized way whatsoever including but not limited to without the operator’s prior written permission.
Other than the marks of the operator, all the product and the service marks are the trademarks of their respective owners. The user is bound to respect the same in the same manner as provided above. It is explicitly provided that the operator in any course of usage of the website/mobile application by the user does not endorse, sponsor or recommend third-party information, product or services by displaying such marks, products, information, names, or services of third parties or outside links such as hypertext links to third party sites on the website/mobile application.
The website/mobile application engages the services of third-party service providers (AMCs, KYC KRA, FEDEX, etc.) as part of its offering of the website/mobile application to the users. The website/mobile application may in its sole discretion, without intimating the user, appoint/reappoint/replace any or all third-party service providers.
Please carefully read the terms of use of such third-party service providers prior to using their services. The operator and the website/mobile application shall not be responsible for the actions of such third-party service providers. Any dispute/liability/cause of action arising from the interaction of the user with third-party service providers will be independent of the agreement, if any, between the operator or website/mobile application and the user or the third-party service provider, as the case may be. Such dispute/liability/cause of action shall be solely governed by the terms of use or any other governing conditions of the third-party service provider as formulated by it in relation to the use of its services by the user.
Certain parts of the services could be supported by sponsored links from advertisers and display operators or any other third-party offers (“Third Party Offer(s)”) that may be custom matched to you based on information stored in the services, queries made through the services, or any other information. You agree and understand that the operator may disclose and share such information when a particular third party proposes a particular third-party offer that in our opinion might interest you. It is provided explicitly that the user agrees and understands that the operator or the website/mobile application is not in any way endorsing or providing any warranty or guarantee for products or services offered or made available by the operator or the website/mobile application.
In connection with third-party offers, the services may provide information or links to websites belonging to such advertisers and other third parties, which are beyond the control of the operator and are based entirely on the information received from such third parties. The operator does not endorse, warrant or guarantee products or services available through the third party offers (or any other third party products or services linked from our site), whether or not sponsored, and the operator shall neither be construed as an agent or a broker or a representative of such advertisers or third parties nor otherwise be responsible for the activities or policies of their websites. The usage of such services, if any, shall be entirely on the basis of the terms and conditions between you and such advertisers or third parties.
The user by accessing the website/mobile application agrees and undertakes not to:
- Make use of any deep-link, robot, scraper, spider [or, other similar automated data gathering], program, methodology or extraction tools, algorithm to monitor, acquire, copy or access the website/mobile application, or any portion of the website/mobile application including the underlying algorithm, without the website/mobile application’s written consent.
- Post or transmit any file which has destructive or contaminating tendencies or contains viruses, trojan horses, worms, or that otherwise interferes with the proper working of the website/mobile application.
- Make any attempt or assist in any process of reverse engineering, deciphering, disassembling, or decompiling any of the software used by the operator for the purposes of the website/mobile application, or which makes a part or comprises any part of the website/mobile application.
The user has been granted the sole and exclusive right by the operator to use the services rendered by the operator through the website/mobile application. Therefore, the user is prohibited to resell or make any commercial use of such services. It is also explicitly understood that the available services and information are only for the personal use of the authorized user. Further, you shall at all times use your own bank account/details for any transaction resulting from the use of services and information offered by the website/mobile application. Any non-compliance with this section will lead to the cancellation or invalidation of transactions or orders placed by you.
The user by accessing the website/mobile application grants the operator or the website/mobile application the right of usage, display, modification, transmission, transfer to third parties, distribution of any data, information, materials, or other content that the user has provided during the course of his usage of the website/mobile application (collectively, “User Content”). The user further grants the operator the use of third-party services to verify the user content provided for KYC compliance purposes.
In addition, the authorized user of the website/mobile application has the right to provide feedback in relation to services and information. The website/mobile application shall have the right to accept, reject or use the feedback for no consideration in whatever manner they desire and make changes to the website/mobile application in pursuance of the same provided. However, in such cases, the worldwide, royalty-free, perpetual, non-exclusive, and irrevocable right, for such change shall rest with the operator or the website/mobile application.
The website/mobile application makes use of reasonable security measures to keep the website/mobile application free from hacking and any other possible interference. Nonetheless, the operator or the website/mobile application does not represent or guarantee that the website/mobile application will be not susceptible to any virus, interference, corruption, attack, loss, hacking, or another security breach and the operator disclaims any liability occurring in future corollary to any damage or loss suffered by the user due to any manipulation or change of data or information that may be accessed from the website/mobile application and/or the transmission relating thereto. It is stated that no action can be initiated against the operator in any manner for the accuracy, correctness, or dependability of the data and/or continuous/error-free provisions of the service.
It is expressly stated that in case of any consequential or incidental loss, damages, claims, tort, or otherwise in whichever form/manner, the operator, and/or its directors, employees, agents shall not be responsible in any manner for any liability in respect of any person/entity arising directly or indirectly thereto if such a situation is outside the control of the website/mobile application.
The user agrees to indemnify and hold harmless the operator (including its officers, representatives, directors, affiliates, agents, employees, group companies, or subcontractors) with respect to any claims, damages, and expenses inclusive of attorney’s fees without limitation as a corollary to the use and accessibility of the operator by the user including the user access and use of any information of any third party on the website/mobile application. It is provided stringently that any non-observance of the terms therein including third parties or any third party actions with respect to the user's receipt and use of the information, whether authorized or unauthorized. Any clause pronounced invalid shall be deemed severable and will not affect the validity or enforceability of the remainder in any manner.
To the fullest extent permitted by law, the operator or the website/mobile application is not liable for any indirect, remote, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill) arising out of or in connection with the website/mobile application, even if the operator has previously been advised of, or reasonably could have foreseen, the possibility of such damage. However they arise, whether in breach of contract or in tort (including negligence), including without limitation to damages due to: (a) the use of or the inability to use the website/mobile application or (b) services offered on the website/mobile application (c) conduct of any user on the website/mobile application (d) unauthorized access to or alteration of transmissions or data, (d) malicious or criminal behavior, or false or fraudulent transactions (e) technical or other operational lapses on the website/mobile application.
In any event, the operator’s liability arising out of this agreement shall not exceed INR 100 (Indian Rupees, One Hundred Only).
It is expressly agreed that the user shall be bound by and comply with all applicable laws and statutory requirements in India whether they are in effect as of now or in the later course of time during the use of services.
It is hereby declared that only authorized users are provided access to areas on the website/mobile application secured via password or otherwise. In absence of express and specific authorization, no user shall obtain, attempt to obtain, grant, or otherwise allow unauthorized access to aforesaid areas of the website/mobile application. With a view to strengthening security, the user is allowed to alter their registered mobile number and/or email ID only once, further which no change is permissible.
The user hereby affirms that the terms mentioned herein are the exclusive and complete agreement between the user and the operator and thereafter supersede any proposal or prior agreement, either verbal, documentary or in any other form between the user and the operator and its third-party service providers/merchants/processor bank in relation to the subject matter of these terms. Subject to the terms of the Governing conditions, as the same may be amended, suspended, or modified. The user also affirms that such conditions shall administer and prevail over any subsequent verbal communications between the user and the operator and/or the processing bank.
The website/mobile application reserves the right to alter and/or withdraw any or all of the terms and conditions of the services/facilities offered on the website/mobile application at any time, as and when required.
The website/mobile application reserves the right to terminate or cancel any or all of the Governing conditions and/or any or all of license rights, for any of the reasons mentioned herein, with immediate effect and no legal action shall be initiated against the website/mobile application or the operator by the user for: (a) any unauthorized access or use by the user; (b) assignment or transfer (or an attempt for the same) any rights granted to the user under this agreement; (c) if the user has violated any terms and conditions stated in this agreement; or (d) without cause, in case the operator decides to do so.
Subsequent to the termination of the agreement, all rights, authorizations, and/or access granted to the user in relation to the website/mobile application shall terminate and revert back to the operator. Whereof any such termination/ cancellation of the agreement resulted due to violation of any/all provisions mentioned above. It shall not in any form or manner affect any right or relief to which the website/mobile application/operator is entitled, at law or in equity. Any fee charged for access to the website/mobile application or the operator is non-refundable for any reason and cannot be claimed by any mode/means.
This agreement is governed by the Indian Jurisdiction only. Any dispute arising out of the use of the website/mobile application or any relief sought thereon shall be adjudicated in accordance with the Indian Law and Courts in Mumbai and the user affirms to the exclusive jurisdiction. It is to be noted that the use of the website/mobile application shall be considered invalid if the enforceability of the aforementioned terms and conditions is restricted by the Indian Jurisdiction.
Last updated: 09 May, 2024