Terms and Conditions

• “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.

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.

1. Windmill Capital Private Limited (“WCPL”)
   1. 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”)
   1. ATPL is an AMFI-registered Mutual Fund distributor that provides mutual funds fetch and tracking services
3. Essential Investment Managers Private Limited (“EIMPL”)
   1. EIMPL is a SEBI-registered non-individual investment advisor. EIMPL does not provide any advisory services on the Platform.
   2. 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
   3. You declare that you have read, understood and agree to the disclosures made by EIMPL here
   4. EIMPL has associated with Bajaj Finance Limited to enable you to avail loan against securities
   5. 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
   6. 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
4. Nexum Finvest Private Limited (“NFPL”)
   1. NFPL has partnered with various RBI-registered NBFCs/Banks (“Lenders”) to enable you to avail credit facilities from the Lenders
   2. You declare that you have read, understood and agree to the disclosures made by NFPL here
   3. NFPL has associated with Bajaj Finance Limited to enable you to avail loan against securities
   4. NFPL will share the data, details & documents provided by you or collected on the platform with Bajaj Finance Limited in order to facilitate credit facilities
   5. 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

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. By availing these services, you agree to the following terms & conditions specified by MFUI:
   1. I/We consent to conduct transactions through the MFU system.
   2. 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.
   3. 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.
   4. 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.
   5. 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.
   6. 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.
   7. 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.
   8. 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.
   9. 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.
   10. Transaction Terms: I / We agree that:
       1. Transaction will be triggered upon eCAN approval.
       2. The transaction will be time-stamped upon approval by the Investor(s) and will be sent to RTA post receipt of subscription money.
       3. MFUI reserves the right to seek any additional information/confirmation (oral / written) as it may deem necessary to authenticate the eCAN registration cum transaction.
       4. By accepting to these terms, conditions and declarations, I/ we irrevocably authorize MFUI to act upon the transactions executed through the facility.
       5. All records, whether in electronic form, magnetic medium, or any other form with respect to transactions carried out through this Facility shall be conclusive evidence of such transactions and shall be binding on the Investor(s).
       6. Realization of funds with regard to subscription transactions:
          1. For subscription transactions, Payment Aggregator will transfer the funds into the respective AMC accounts directly without transferring it to MFU account in proportion to the investments made in the respective schemes of the AMC by the Investor(s).
          2. NAV Applicability: All prevailing rules and regulations with regard to NAV applicability will apply to the transaction.
          3. Restriction on Acceptance of Third-Party Payments for Subscription of Units in Mutual Fund Schemes:
          4. The payment should be made only from one of the bank accounts registered under the CAN being transacted.
          5. In case it is found that the payment is not made from a registered bank account under the CAN, MFUI / the respective Mutual Fund / AMC / its RTA reserves the right to reject the transaction and refund the money to the source account.
   11. Limitation of Liability and Indemnity - MFUI / its Service Providers shall under no circumstance be liable for any direct, indirect, incidental, or consequential damages or losses whatsoever sustained by the Investor(s) owing to:
       1. any transaction done through this facility, carried out in good faith by MFUI on the reliance of confirmation provided by the Investor(s).
       2. any transaction done through this facility, carried out in good faith by MFUI on the reliance of confirmation provided by the Investor(s).
       3. fraud, error, defect, failure, interruption, non-availability of the facility
       4. any negligence/mistake by the Investor(s) in carrying out transaction through this facility including but not limited to failure by Investor(s) to intimate MFUI about any unauthorized transaction through this facility.
       5. rejection of transaction not in accordance with the provisions of Scheme related documents of respective Schemes or not in accordance with the directions of the MFU / AMC / RTA.
       6. rejection of transactions which in the opinion of MFUI are not genuine or are otherwise improper, unclear or doubtful.
       7. the transaction not being in accordance with the PayEezz mandate or in excess of the maximum limit specified in the PayEezz mandate for debit instruction that is presented to the bank account.
       8. any system failure at the end of the Payment Aggregator / Bank or any other Service Provider.
       9. non-availability of the facility owing to force majeure events i.e. natural calamity or due to fire, periodic maintenance activity of MFUI servers, virus attack, phishing attack, failure of MFUI’s Service Providers; The Investor(s) agrees to indemnify and keep MFUI / MFUI’s Service Providers/ AMC / RTA indemnified from any such direct, indirect, incidental or consequential damages or losses whatsoever sustained by the Investor(s).
   12. The aforesaid terms and conditions are binding upon usage of the facility and are subject to change as per the regulatory guidelines from time to time.
5. You further agree to the following terms:
   1. You have read and understood the contents of the Scheme Information Document(s) and Addendum(s) thereto of the respective Scheme(s) and agree to abide by the terms, conditions, rules and regulations of the Scheme(s) applicable from time to time.
   2. You have not received nor been induced by any rebate or gifts, directly or indirectly, in making an investment.
   3. You declare that the amount being invested by you in the Scheme(s) of AMC is derived through legitimate sources and is not held or designed for the purpose of contravention of any Act, Rules, Regulations or any statute or legislation or any other applicable laws or any Notifications, directions issued by any governmental or statutory authority from time to time.
   4. You confirm that the details provided by you are true and correct

You understand that all information, reports, images, data, text, logos, photographs, videos, audio clips, animations, written posts, articles, comments, software, scripts, graphics, themes, maps code, language and interactive features generated (“Content”), which has been provided to you on the Platform, are the sole responsibility of the Associate Company or third party who has provided such Content. We shall not be held responsible for any Content which you may find offensive or objectionable on any Associate Company or third-party website.

You acknowledge that neither do we endorse the accuracy of the advertisements and promotional material presented to you on our Platform or as part of the Services by any third-party advertisers nor do we own the intellectual property rights in respect of such material.

Access to the Platform and use of the Services shall always be subject to the following restrictions, failing which the Company may take any action it deems necessary at its sole discretion:

1. You agree not to attempt to reverse-engineer, disseminate, copy, exploit, or represent yourself as an agent or reseller of the Platform and the Services, or any part thereof;
2. You agree not to misrepresent yourself as or impersonate any other person, or otherwise cause harm to any person;
3. You agree not to upload or transmit any vulgar, obscene, abusive, defamatory, libellous, invasive, or unlawful content, including content which is objectionable or results in a breach of privacy of any other person;
4. You agree not to use or abuse the Platform for or in relation to any illegal or unlawful purposes including fraud, embezzlement, money laundering, etc.;
5. You agree not to carry out or facilitate any actions which result in a detrimental effect on the Platform or the Services, including DDoS attacks, data security breaches, or otherwise any disruption to the servers, hardware, or network of any other person or the Platform or the Services;
6. You agree that you are granted a non-exclusive license for the purpose of enabling you to use and access our Platform and Services. Except with our prior written consent, you may not assign (or grant a sub-license of) your rights to use the Service or otherwise transfer any part of your rights to use the Service.
7. You agree not to violate any applicable laws, whether or not intended by you;
8. You represent and warrant that you possess the legal right and ability to enter into these Terms and to use the Platform and the Services in accordance with these Terms.
9. You agree not to upload or transmit any vulgar, obscene, abusive, defamatory, libellous, pornographic, pedophilic, invasive of another’s privacy including bodily privacy, or unlawful content, including content which is harmful to children, objectionable or results in a breach of privacy of any other person, content which is insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force in India;
10. You agree not to carry out or facilitate any actions which result in a detrimental effect on the Website or the Services or any related computer resource, including DDoS attacks, data security breaches, or otherwise any disruption to the servers, hardware, or network of any other person or the Website or the Services;
11. You agree that you shall have no right to the intellectual property and any proprietary information made available or accessible through the Website or the Services;
12. You agree not to violate any applicable laws, whether or not intended by you;
13. You represent and warrant that you possess the legal right and ability to enter into these terms and to use the Website and the Services in accordance with these terms;

1. The user undertakes to:
   1. be responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account.
   2. be responsible for all activities that occur under your account or password.
   3. take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
   4. ensure that the details you provide us with are true, correct and complete and inform the Company immediately of any changes to the information that you provided when registering.
   5. not use the service for any illegal purposes or for the violation of any law or statutory regulation, including, but not restricted to indulging in; (i) any unfair, manipulative or fraudulent practices, in terms of the SEBI (Prohibition of Fraudulent and Unfair Trade Practices relating to Securities Market) Regulations, 2003; or (ii) any insider trading and/or communication of unpublished price sensitive information in terms of the SEBI (Prohibition of Insider Trading) Regulations, 2015.
   6. not to copy, reproduce, recompile, decompile, assemble, disassemble, distribute, publish, display, modify or upload to, create derivative works from, transmit, or in any way exploit any part of the Service, except for downloading material from the Service for his /her own personal, non-commercial use.
   7. agree to receive periodic alerts and newsletters.
   8. ensure that you obtain all necessary rights to the content you post or share on the Website.
   9. ensure that your activities on the Platform are not in violation of the SEBI (Investment Advisers) Regulations, 2013 and SEBI (Research Analyst) Regulations, 2014 and any other applicable SEBI regulations. You agree that you will not provide any investment advice or research analyst services as set out in the aforementioned regulations.
   10. ensure that you engage only with SEBI-registered investment advisers or research analysts to avail investment advisory services or research analyst services.

You acknowledge and agree that the Company, Associate Companies or their respective licensors, own all legal rights, title and interest in and to the Services, including any Intellectual Property Rights which subsist in the Services.

Unless you receive our express authorization in writing, you agree that in using the Services or accessing our Platform, you shall not use any trademark, service mark, trade name, the logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

You further acknowledge that our Services may contain information that is designated as confidential by us and that you shall not disclose such information without our prior written consent.

1. The Company does not provide any warranty, express or implied, for the accuracy or completeness of the Platform or the Services, and expressly disclaims any liability for any errors or omissions;
2. The use of the Platform and the Services is at your own risk and consequence. In no event shall the Company be held liable for any damages or claims whatsoever in connection with any inaccuracy, error, failure, omission, delay or otherwise;
3. Nothing in these Terms shall exclude or limit your warranty or liability for losses unless they are excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
4. We further do not represent or warrant to you that:
   1. Your use of our Platform and Services will meet your requirements;
   2. Your use of the Platform and Services will be uninterrupted, timely, secure or free from error, including specifically from server downtime;
   3. Any information obtained by you as a result of your use of the Platform and Services will be accurate or reliable.
5. You agree that any material downloaded or otherwise obtained through the use of the Services and Platform is done at your own discretion and risk and we shall not be liable for any damage to your computer system or other device or loss of data that results from the download of any such material.
6. No advice or information, whether oral or written, obtained by you from us or from the use of Services shall create any warranty not expressly stated in these Terms.
7. We further expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

1. In order to provide the Services and access to the Platform, the Company may be required to create a user profile that may be linked to third-party platforms or Associate Company’s platforms as may be necessary or requested by you subject to verification. The registration of the user profile shall require the Company to retain certain User Data for providing a safe and efficient user experience;
2. The Company, the Associate Companies and their respective affiliates, subsidiaries, directors, employees, promoters and agents shall not be liable for:
   1. any direct, indirect, incidental, special, consequential or exemplary loss or damage suffered by the User, however, caused and shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or Services, or other intangible loss, arising out of the use of, or inability to use or access of our Platform or Service or any security breach or any virus, bug, unauthorised intervention, technical malfunctioning or defect, whether or not forceable and whether or not we have been advised of the possibility of such damage.
   2. Any loss or damage incurred by you owing to any temporary disablement or permanent discontinuance of our Platform or Services and any deletion, corruption or failure to store any content or other communications maintained by your use of our Services; and
   3. which may be incurred by you, including but not limited to loss or damage as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertisement appears on the Services.
3. You agree to indemnify and keep the Company, Associate Company, their respective affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by such party related to any User Content posted or transmitted by User during the use of the Platform or Service or any unauthorised use of the Platform or Service in contravention of this Terms.
4. The Privacy Policy and the Associate Company Terms shall be read to form a part of these Terms;
5. These Terms shall be governed by and under the laws of India and shall be subject to the exclusive jurisdiction of Bengaluru. Any failure or delay by the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any part of the Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. You agree that regardless of any statutory period of limitation, any claim shall be filed within one (1) year after the relevant cause of action arose; s
6. The Company shall be absolutely entitled to terminate your use of the Platform and the Services in the event of any breach of these Terms by you, or otherwise, any event which gives rise to any reason for the Company to discontinue the offering of the Platform or Services to you, without any notice or obligations whatsoever;