MoneyPlanned Terms of Use
Terms & Conditions
This terms & conditions (“Terms & Conditions”) establish the rules for the users (“You” or “Your”) accessing and registering on the mobile application 'Money Planned' and the website www.moneyplanned.com (collectively referred to as the “Platform”) operated by GSS Prosper Springs Private Limited, a private limited company incorporated under the provisions of Companies Act, 2013 having CIN: U74999KA2017PTC107903 and its registered address at G-05 Sumadhura Shangrilla, Seetharamapalya, Mahadevapura, Bangalore, Karnataka-560048 ("Company" or "We" or "Us"). We are registered with the Association of Mutual Fund of India (AMFI) (ARN Holder No: 174030) and the Securities and Exchange Board of India (SEBI) and are in compliance with the rules and guidelines issued by AMFI and SEBI. The Services provided on the Platform are for the purpose of guidance and incidental advice alone and shall not be construed as rendered by Us in the capacities of Registered Investment Adviser or Certified Financial Planner.
Before registering on the Platform or accessing any material or information through it, carefully review the Terms & Conditions and the Privacy Policy (Insert link for Privacy Policy). Your visit to the Platform or use of the Platform shall be deemed to mean Your acceptance of the Terms & Conditions and the Privacy Policy. The Company reserves the right to modify or amend the Terms & Conditions without notifying the same to You. It is Your responsibility to periodically review the Terms & Conditions for any changes. By accepting the amended Terms & Conditions, You indicate Your consent to the changes and Your agreement to be legally bound by them.
SERVICES
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You acknowledge that the Platform is a web service and a mobile application that allows You to avail services (a list whereof is annexed hereto as Annexure A) (“Services”) directly from the Company and facilitate communication with them for such Services. The Services offered on the Platform are in the nature of guidance and incidental advice to help You make informed decisions, and neither We nor any of our employees or agents shall be liable for any incidental advice or representation made by them. It will be Your responsibility to conduct Your own assessment before using the Platform or availing the services of or procuring the products from third-party providers (“Merchants/Service Providers”). It is hereby clarified that the Company as a part of the Services, is facilitating the transaction of investments and procurement of loans and insurance policies, as a result of tie-ups with the Merchants/Service Providers, but such facilitation shall not be construed to mean that the Company is itself acting as the mutual fund or broker or insurance agent or is itself disbursing loans/offering insurance policies and therefore the Company shall not be held liable or responsible for the same in any manner.
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The Company also offers certain Services such as Financial Plan Generator with AI, Financial Health Score Improvement with AI, Linking External Investments to Financial Goals, Rebalancing of Portfolio through the Platform, Smart AI Generated recommendations to achieve goals faster based on personal financial profile, market conditions and other factors; as a part of its Premium Services against a Royalty Fee. You recognize and confirm that this Royalty Fee shall not be deemed to be an Advisory Fee under any circumstances.
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The Company is in compliance with the applicable laws of India and in the event, You are using the Platform from outside India, then onus of the compliance with the local laws of the jurisdiction from which the Platform is used shall be on You.
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You hereby acknowledge and agree that all decisions made by You regarding the investment/loan/insurance, regardless of the Services provided by Us, shall be based on Your independent assessment of the risks and rewards of the investments/loan/insurance and Your own verification of all material facts, including financial and other circumstances and an appropriate evaluation thereof.
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Your access to the Services is associated with a username and password (“Login Credentials”) and the Company will consider the instructions placed with the use of the Login Credentials to have originated from You. You are solely responsible for the security of Your Login Credentials. The Company shall not be held liable for carrying out any instructions placed from Your Account utilizing Your Login Credentials which may be unauthorized due to reasons including but not limited to information leak or security breach.
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You acknowledge and agree that no warranties or commitments are being made by Us or any of Our employees, agents, or representatives that using the Platform will generate profits, prevent losses, or help You achieve Your goals, including investment goals, or that using the Platform won't ever be hampered by negative tax outcomes, technical issues, or the failure to comply with new laws in a timely manner. Any error in judgement or damage incurred by You in connection with the Services offered shall not subject Us to any liability to You or any third party claiming for or on Your behalf.
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As part of the Services, once You have utilized such Services, You are required to provide honest feedback or review regarding the relevant Service, if requested by the Company. If You have any dissatisfaction with the Services, You must initially submit a formal complaint to the Company's customer service at info@moneyplanned.com, if applicable, before seeking any other course of action and You consent to fully co-operate with the customer service team by providing them with reasonable information upon their request. The Company's decision regarding the complaints, if applicable, will be final, and You agree to abide by it.
SERVICES & USE OF THE PLATFORM
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You recognize that the Platform functions as a web service that permits You to directly access the Company's Services. The Company hereby provides You with a limited, non-exclusive, non-transferable, and royalty-free license to utilize the Platform for the purpose of benefiting from the Services, subject to Your compliance with the Terms & Conditions.
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You acknowledge and agree that You will not use the Platform in any way or take any action that would harm, disable, impair, or negatively impact the use of the Platform, or that might obstruct the usage, enjoyment, or legal rights of any other users.
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Except for downloading the Platform for Your own personal, internal, and non-commercial use, You agree not to copy, reproduce, sell, redistribute, publish, enter into a database, display, perform, modify, alter, transmit, licence, create derivative works from, transfer, or in any other way exploit any part of any information, content, materials, or services available from or through the Platform.
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You acknowledge that You may only use the Platform: (a) in accordance with the Terms & Conditions; and (b) in a manner that complies with all relevant laws and rules. You agree not to delete any language, copyright, or other proprietary notices found in the Platform material that You download.
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You understand and accept that not all the Services offered on the Platform are available in all geographic areas and You may not be eligible for all the Services offered by the Company on the Platform. The Company reserves the right to determine the availability and eligibility for any Service offered on the Platform.
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You understand and accept that the Company is not responsible for the availability of content or other services on third party sites linked from the Platform. You are aware that access of hyperlinks to other internet sites are at Your own risk and the content, accuracy, opinions expressed, and other links provided by these sites are not verified, monitored or endorsed by the Company in any way. The Company does not make any warranties and expressly disclaims all warranties express or implied, including without limitation, those of merchantability and fitness for a particular purpose, title or non-infringement with respect to any information or services or products that are available or advertised or sold through these third-party platforms.
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If performance is prevented, hindered or delayed by a Force Majeure Event (as defined below), the Company shall not be liable for any failure to perform any of its obligations under the Terms & Conditions or those applicable specifically to its Services/facilities, and in such case its obligations shall be suspended for so long as the Force Majeure Event continues. “Force Majeure Event” means any event, due to any cause beyond the reasonable control of the Company, including without limitations, unavailability of any communication systems, breach, or virus in the digital processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, lockdown, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.
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You acknowledge that the software and hardware underlying the Platform as well as other Internet related software which are required for accessing the Platform are the legal property of either the Company or its respective third-party vendors. The permission given by the Company to access the Platform will not convey any proprietary or ownership rights in the above software/hardware.
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You shall not host, display, upload, modify, publish, transmit, store, update or share any unlawful content as defined in Rule 3 (1) (b) of the Information Technology (Intermediary Guideline and Digital Media Ethics Code) Rules, 2021 and in the event of violation any of these restrictions, the consequences whereof, including but not limited to be shall be as follows: (i) You shall be disabled from accessing such non-compliant information; (ii) such non-compliant information may be removed from the Platform; (iii) Your access or usage rights to the user Account shall be suspended or terminated; and (iv) You shall be punished under applicable laws.
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Furthermore, You undertake not to be involved in actions that include:
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breaching the legal rights of individuals in any way; harassing, abusing, threatening, or slandering them;
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copying, republishing, posting, displaying, translating, transmitting, reproducing, or distributing any content on the Platform through any medium without getting the required authorization;
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publishing, posting, uploading, distributing, or disseminating any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful material, or information;
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carrying out or distributing surveys, competitions, pyramid schemes, or chain mails;
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uploading or distributing files that include software or other content that is subject to intellectual property laws without first having the required permissions or ownership of the relevant rights;
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uploading or disseminating files that are infected with malware, corrupted, or otherwise include code that might harm the Platform's functionality or the computer of another person;
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reverse engineering, modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling any information or software obtained from the Platform;
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preventing or restricting access to the Platform (or the networks and servers connected to the Platform);
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collecting or storing information about other users in connection with prohibited conduct and activities;
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hacking (or utilizing any other illegitimate means) to obtain access to the Platform, any other systems or networks linked to the Platform, any servers belonging to the Company, or any other aspect of the Platform in an attempt to obtain unauthorized access;
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uploading or disseminating files that contain software or other material, scanning or testing the Platform's or a linked network's vulnerability, or circumventing the Platform's or a connected network's security or authentication procedures. You may not use the Platform or any information made available or offered by or through the Platform in any way, whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform, or reverse look-up, trace, or seek to trace any information on any other user of the Platform, or visitor to the Platform, to its source;
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causing harm to the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked sites;
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using the Platform or any content or material for any illegal or forbidden purpose as stated in the Terms & Conditions, or to encourage the performance of any illegal or prohibited activity as well as other behaviour that violates the rights of the Company or other third parties;
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using any tool or software to disrupt or interfere with the proper functioning of the Platform or any transaction being carried out on the Platform; and
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violating any applicable laws or regulations currently in force in India or outside of India, as well as anyone's right to privacy or personality.
USER ELIGBILITY
Under Your acceptance to the Terms & Conditions, You hereby represent that:
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You are of 18 years of age, competent to engage into a contractual contract and not legally disqualified from using the Services. The Company maintains the right to deny new users access to the Platform, and any user who has been suspended or removed from the Platform by the Company for any reason is ineligible to utilize the Services;
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You have the legal capacity to register on the Platform and sign up to use the Services on behalf of a minor if You are 18 (eighteen) years of age or older and are acting in that capacity on behalf of a minor, under necessary authorizations;
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You grant the Company permission to gather, retain, and use the information You provide in order to provide Services;
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You must get independent financial planning, legal, accounting, tax, or other expert advice before making an investment, if necessary;
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You have read and understood the Privacy Policy published on the Platform of the Company. The information You provide when You register on the Platform is true and correct. In the event, Your information is not accessible online and you wish to change or delete Your personal information or other information that You may have provided, please contact Us immediately at info@moneyplanned.com;
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The money You invest is from Your bank account (primary holder’s bank account in case of Investment Account held jointly), and the same is from legitimate sources and remitted through approved banking channels;
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You are not allowed to impersonate anybody else in order to register for an account with the Platform, sell, trade, or otherwise transfer Your Account to another person.
USER ACCOUNT
When You register on the Platform and create an account (“Account”), You are required to furnish details including but not limited to Your name, Your mobile number, email address, date of birth, gender, PAN, Aadhar, signature, Passport, Driving License, video recording, photograph, marital status, employment status, assets, insurance details, income slab, profession, family details, tax residency and such other information as may be required from time to time by the Company. Your financial information such as bank account details, debit instructions, credit card number, cancelled cheque, may also need to be submitted for the purpose of availing the Services. You may be required to submit additional Government issued Identification Documents, if required by the Company in line with the instructions of the competent authorities for the purpose of availing Services. It shall be Your sole responsibility to ensure that the information submitted by You (“Account Information”) is complete and accurate. In event of any change in the Account Information, You shall update the same on prompt basis. It shall be in the sole discretion of the Company, to suspend or terminate Your Account and/or restrict the further use of the Platform or a portion thereof, if it has reasons to believe that the Account Information is untrue, incomplete or inaccurate, in addition to the rights it may have at law and in equity against You for such misrepresentation. You recognize and confirm that the Account Information, including but not limited to the Login Credentials are confidential and shall be treated in an appropriate manner. In the event, there is an actual or suspected unauthorized use of Your Account, You shall on immediate basis inform the Company of the same and change Your Login Credentials as well. You shall be responsible for all actions undertaken under Your Account and You alone shall be held liable for losses (if any) incurred by the Company or other users/visitors of the Platforms as a result of Your failure to maintain the Account Information in a secure and confidential manner.
SERVICES PROVIDED BY MERCHANT/ SERVICE-PROVIDER
You acknowledge and agree that the Company acts as the Merchant/Service Provider’s agent for the limited purpose of collecting interest from you on behalf of the Merchant/Service Provider and sharing your contact details with the Merchant/ Service Provider
The prices/ fees reflected on the Merchant/Service Provider’s Website are determined solely by the Merchant/Service Provider. Prices/ fees may change and such changes of price are at the sole discretion of the Merchant/Service Provider and beyond the Company’s control.
The Merchant/Service Provider shall be solely responsible for any warranty and or guarantee of the service provided and in no event shall it be the responsibility of the Company.
The transaction is bilateral between the Merchant/Service Provider and You and therefore, the Company will not be liable to charge or deposit any taxes applicable on such transaction.
INTELLECTUAL PROPERTY RIGHTS
The Platform and all content, information and materials therein, including but not limited to graphics, audio content, photographs, texts, computer code, video content (collectively, ""), are owned and controlled by the Company. The Company and its affiliates, as well as other relevant third parties, as the case may be, are the owners of the trademarks, logos, and service marks ("") shown on the Platform. You are not permitted to use the Marks without the prior written consent of the Company or such relevant third parties that own the Marks. The design, structure, selection, and arrangement of the Content is protected by copyright, patent, and trademark laws, as well as other various intellectual property rights, either in the Company's favour or that of third parties.
DISCLAIMER, LIMITATION OF LIABILITY, INDEMNITY AND WARRANTY
You expressly agree and understand that the Platform and the Services as provided by the Company, to the maximum extent permitted by applicable law, are on “As Is” “Where Is” and “As Available Basis” and no representations or warranties, whether express or implied, are made by the Company in relation to the Platform and the Services including but not limited to implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. Further, no warranties are made by the Company that: (i) as a result of the use of the Platform or the Services, Your requirements shall be fulfilled or the use of the Platform or the Services shall be without errors or interruptions; (ii) the results generated from the use of the Platform or the Services shall be accurate or reliable or effective; and (iii) any errors on the Platform shall be cured.
The Company shall not be responsible for inoperativeness of the Platform during the maintenance or unplanned suspension of the access to the Platform due to reasons beyond the control of the Company. No liabilities arising from the user content on the Platform under the applicable laws shall be to the account of the Company and all liabilities with respect to the misuse, loss, modification, unauthorized use of the user content is disclaimed by the Company under the Terms & Conditions. You agree and understand that all content downloaded or obtained from the Platform is at Your sole discretion and risk and if as a result of which, any damage is caused to Your device or Your data is lost, then You shall be solely responsible for the same.
The Company shall on best endeavour basis ensure that all the information published by it on the Platform is correct, however, it neither warrants nor represents that such information is complete or accurate. For any delay caused to the use of the Platform or the inabilities to use the Platform or related functionalities, the Company shall not be held responsible.
The Company disclaims and neither provide warranties, endorsements, and guaranties nor assumes liabilities for any product/service that is promoted/provided by a Merchant/Service Provider. In addition, the Company nor its representatives are involved in or accountable for any transaction/dealing/communication between You and the Merchant/Service Provider. You acknowledge that the Company does not control such dealings and transactions and the Company shall not be liable for the results of such transaction/dealing/communication between You and the Merchant/Service Provider.
You agree to indemnify the Company, its director and employees from any losses, penalties, claims, damages, costs and demands (including reasonable attorney fees and legal costs) arising out of Your actions or inactions hereunder. Further, You hold the Company harmless against claims made by third-parties due to or arising out of or in connection with, Your use of the Platform, any misrepresentation with respect to the Information provided by You, Your violation of the Terms & Conditions, Your violation of the rights of other. In no event shall the Company and its officers, consultants, agents and employees be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages, whatsoever, arising out of or in connection with Your use of or access of the Platform. Further, You shall not hold the Company responsible for: (a) actions that the Company is not obligated to perform under the Terms & Conditions; (b) disclosures made to the competent authorities under applicable laws; (c) losses (whether notional or otherwise) caused due to delays at the end of banks or entities facilitating investments; (d) rejection of instructions issued by the banks or entities facilitating investments; (e) processing of instructions authenticated by Your login credentials, non-availability or non-accessibility of the Platform or telephone or office of the Company in case of circumstances beyond the control of the Company; (f) penalties or losses or damages to You due to the negligence or actions of Merchant/ Service Provider; (g) Force Majeure Event (as defined above); (h) inaccuracies or typographical errors on the Platform or in communications; (i) depletion of value of investment securities.
You hereby represent and warrant that:
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When using the Platform (including for carrying out investments), all information and details submitted to Us or our directors, employees, affiliates, partners, or suppliers are true, accurate, and complete and any loss or damage that may result from using the Platform, or from any investments made as a result of using the Platform, shall in no event be the responsibility of the Company, its directors, employees, associates, partners, or suppliers to You, Your representatives, or any persons claiming under You.
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You shall hold Us and/or our directors, employees, associates, partners, or suppliers harmless from any and all liabilities (including claims, damages, suits, or legal costs incurred in defending itself in relation to the foregoing) resulting from the use or misuse of the Platform, from the non-performance and/or disregard of Your duties and obligations under the Terms & Conditions, or from any act, negligence, misconduct, or fraud on Your part or any of Your constituents part.
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Any investment decisions that You make based on the Services are completely Your responsibility, and We are not responsible for any losses or damages You or other Platform users incur as a result of making such decisions or placing any sort of reliance on them.
VIOLATION OF TERMS & CONDITIONS
You acknowledge that any violation of the Terms & Conditions by You will be unlawful and unfair business practise and will result in irreparable harm to the Company for which monetary damages would be insufficient. Therefore, You agree to allow the Company to seek any injunctive or equitable relief it deems necessary or appropriate in such situations and these remedies are in addition to any other legal or equitable options the Company may be entitled to. As a consequence of Your breach of the Terms & Conditions, the Company will be entitled to in addition to any other relief that may be granted, to collect from You all reasonable attorneys' fees and expenses of such legal action, as may be taken by the Company in relation to such breach and You agree to pay all such fees and costs. Please report any abuse or violations of the Terms & Conditions or discovery of any objectionable content on the Platform to the following email address: info@moneyplanned.com
SUSPENSION AND TERMINATION
The Terms & Conditions shall continue to be applicable unless terminated in writing by the Company. In the event You wish to withdraw Your consent to the Terms & Conditions or are dis-satisfied with the Platform, You shall close Your Account on the Platform and/or not access the Platform. In the event of breach/violation of the Terms & Conditions or applicable laws by You or where the Company believes that You have acted in an unethical manner, the Company may, in its sole discretion, be entitled to terminate or suspend Your Account and prevent You from accessing the Platform/Services in future. In the event of termination, the Company may delete all information pertaining to You (except for the information mandated to be preserved for compliance matters) and it shall have no responsibility towards You or any third-party in relation to the same.
MISCELLANOUS
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Notices: The Company shall issue all notices to You via email on Your registered email address or by general notification on the Platform. In the event, You wish to issue notice to the Company pursuant to the Terms & Conditions, You shall send it via email on info@moneyplanned.com.
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Assignment: You cannot assign or transfer the Terms & Conditions or any right granted hereunder to any third-party, however, the Company shall be entitled to transfer its rights under the Terms & Conditions to any third-party, without seeking prior consent.
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Severability: If any provision of the Terms & Conditions shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and the Terms & Conditions shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
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Waiver: The failure to enforce any right arising from a breach of the Terms & Conditions by the Company, will not operate or be construed as a waiver of any other or subsequent breach by the Company.
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Confidentiality: During the course of Your relationship with the Company and in furtherance of the use of the Platform and availment of the Services, You may obtain certain information relating to the Company, the Platform and the Services (“Proprietary Information”). You agree and acknowledge that this Proprietary Information shall belong to the Company and You shall not disclose the same without the prior written consent of the Company. This Proprietary Information shall include but not be limited to the features and mode of operation of the Platform , trade secrets, know-how, inventions (whether or not patentable), techniques, processes, programs, ideas, algorithms, schematics, testing procedures, software design and architecture, computer code, internal documentation, design and function specifications, product requirements, problem reports, analysis and performance information, benchmarks, software documents, and other technical, business, product, plans and data.
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Governing Law: The Terms & Conditions shall be construed, governed and interpreted in accordance with the laws of India, excluding the reference to conflict of law principles. All disputes arising in relation to the Terms & Conditions shall exclusively be subject to the courts at Bangalore.
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Communication: You hereby explicitly consent to receiving communications (including transactional messages) from the Company or any third party in connection with Services or Your registration on the Platform by SMS, email, WhatsApp, and/or other electronic means. You can unsubscribe from receiving promotional emails at any time by sending an email to info@moneyplanned.com.
ANNEXURE A
SERVICES
Description of Services of the Company:
1. Data aggregation:
Aggregating & consolidating data from multiple sources & providers.
2. Self-serve app based Financial Planning:
Integrated view of Cash Flows, Assets, Liabilities, Net Worth
Financial Health Ratios Analysis
Financial Goals Planning
Retirement Planning
Life Insurance Planning
Health Insurance Planning
3. Customised Financial Planning:
Designated Financial Planning Adviser
Life Goals Planning
Customised Cash Flow Scenarios Planning
Savings Analysis & Liquidity Management
Existing Insurance Policy Analysis
Loans Analysis and Planning
Tax Planning
Estate/inheritance Planning
4. Risk Analysis & Asset Allocation:
Risk Profiling based on Willingness and Ability
Asset Allocation as per the risk profile
5a.Tax Filing:
Platform provision for Do-it-Yourself (DIY) tax filing
5b.Tax Filing:
Assisted Tax Filing
5c.Tax Filing:
Assisted Tax Filing (high complexity)
5d.Tax Filing:
US tax filing assistance
6a. Service & Reporting:
Mobile App & Web App
6b. Service & Reporting:
Phone/E-mail support
7. Will creation:
Assisted will creation service
Self-serve will creation on App
8. Financial Awareness:
Personal finance educational content & blog