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Online terms of use

Introduction

These Online Terms of Use ("Terms"), as amended from time to time, govern your access to and use of this website and all its pages (collectively, the "Website"), including any chatbot feature, WhatsApp services, and any other digital platforms or services offered by HSBC Asset Management (India) Private Limited ("Company", "AMC", "we", "us", or "our").

By accessing, browsing, or using this Website, or by using any features, facilities, or services available on or through the Website, you ("User", "you", or "your") acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you must immediately discontinue use of this Website.

IMPORTANT NOTICE: Investments in Specialized Investment Funds involve relatively higher risk including potential loss of capital, liquidity risk and market volatility. Please read all investment strategy related documents carefully before making the investment decision.

We reserve the right to modify these Terms at any time without prior notice. Your continued use of the Website following the posting of any changes shall constitute your acceptance of such changes. It is your responsibility to review these Terms periodically to stay informed of any updates.

These Terms shall be read in conjunction with our Privacy Policy and any applicable Investment Strategy Information Documents ("ISID"), Statement of Additional Information ("SAI"), and other investment strategy-related documents. In the event of any conflict between these Terms and any investment strategy-related documents, the provisions of the investment strategy-related documents shall prevail.

Definitions and Interpretation

In these Terms, unless the context otherwise requires:

"Platform" refers to the Website, chatbot feature, WhatsApp service, mobile applications, and any other digital platforms or services offered by the Company.

"Personal Information" means any information relating to an identified or identifiable natural person, including but not limited to name, email address, telephone number, financial information, and government-issued identification numbers, as defined under the Digital Personal Data Protection Act, 2023 ("DPDP Act") and other applicable laws.

"Services" means all products, services, features, content, and facilities made available on or through the Platform.

References to "you", "your", and "User" are references to any person who accesses or uses the Platform and shall include both singular and plural. References to masculine shall include feminine and neuter genders.

Eligibility and Access

General Eligibility

The Platform is intended for use by persons who are legally competent to contract under the Indian Contract Act, 1872. By using the Platform, you represent and warrant that you are at least eighteen (18) years of age, or if you are below eighteen (18) years of age, you are using this Platform under the supervision of a parent or legal guardian.

By using this Platform for transacting in Specialized Investment Funds, you represent and warrant that you are an eligible investor who meets the Minimum Investment Threshold requirements as prescribed by the Securities and Exchange Board of India from time to time. You acknowledge that you have received, read and understood the Investment Strategy Information Document (ISID), Statement of Additional Information (SAI), and Key Information Memorandum (KIM) for the relevant investment strategy prior to making any investment.

Minimum Investment Threshold: You acknowledge and agree that in the event of any active breach of the Minimum Investment Threshold (including through redemption transactions, stock exchange transactions, or off-market transfers), all units held by you across investment strategies of the SIF shall be frozen for debit and you shall be given a notice of 30 calendar days to rebalance your investments. If you fail to rebalance within this period, the frozen units shall be automatically redeemed by the AMC at the applicable NAV on the next immediate business day after the 30th calendar day. You expressly consent to such automatic redemption and waive any claims against the Company arising from such action.

For specific services, including transactional services on the chatbot or WhatsApp platforms, eligibility may be restricted to existing investors who meet the Minimum Investment Threshold of INR 10 lakh (Rupees Ten Lakh only) across all investment strategies offered by the Specialised Investment Fund at the PAN level, holding a folio with the Company's Specialised Investment Funds, with mode of holding as Single or Any/Survivor.

Jurisdictional Restrictions

The materials on this Website are not intended for use by persons located in, or resident in, jurisdictions that restrict the distribution of such materials. Products and services referred to on this Website are offered only at times when, and in jurisdictions where, they may be lawfully offered by the Company. None of the Specialised Investment Funds referred to herein have been approved for sale or purchase by any authority outside India, unless otherwise specified.

If you are accessing this Website from a jurisdiction other than India, you do so at your own risk and are solely responsible for compliance with the applicable local laws and regulations of such jurisdiction. We accept no liability for non-compliance with the laws of any country other than India. The mere fact that the Website can be accessed from a country other than India shall not be interpreted to imply that the laws of such country govern these Terms.

Technical Requirements

You acknowledge and agree that it is your responsibility to ensure that you have the appropriate software, hardware, operating system, and uninterrupted internet connection required to access and use the Platform. We may change, vary, or upgrade the technical requirements of the Platform from time to time and shall be under no obligation to provide support for all versions of software, hardware, or operating systems used by you.

We shall not be liable for your failure to access the Platform, whether partially or fully, due to your systems, internet network issues, or any other cause or reason whatsoever.

Acceptable Use of the Website

Permitted Uses

You may use the Website and its content solely for lawful purposes and in accordance with these Terms. Permitted uses include:

Accessing information about our products and services for personal, non-commercial purposes.

Conducting financial and non-financial transactions through authorised features, subject to applicable terms and conditions.

Printing copies of the Website content for personal reference, provided you retain all copyright notices, trademark legends, and other proprietary rights notices.

Prohibited Uses

You undertake not to use the Website for any purpose that is unlawful, abusive, libellous, obscene, threatening, or otherwise objectionable.

You shall not:

Use the Platform for any unlawful or improper purposes.

Attempt to gain unauthorised access to any portion or feature of the Website, any systems or networks connected to the Website, or any of our servers.

Use any automated means, including robots, spiders, or scrapers, to access the Website or collect any information therefrom without our prior written consent.

Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available.

Transmit any viruses, worms, defects, trojans, or any items of a destructive nature through the Website.

Use the Platform for grievance redressal or reporting of fraud through chatbot or WhatsApp services, as these channels are not designed for such purposes.

We reserve the right to immediately discontinue, suspend, or terminate your access to the Platform upon becoming aware of any unlawful or improper use.

Regulatory Compliance: You acknowledge that the Company is required to comply with various regulatory requirements including those prescribed by the Securities and Exchange Board of India, Association of Mutual Funds in India, stock exchanges, depositories, and other regulatory authorities. You agree that any action taken by the Company in compliance with applicable laws, regulations, circulars, guidelines, or directives issued by any regulatory authority shall not give rise to any liability on the part of the Company, and you hereby waive any claims against the Company arising from such regulatory compliance actions.

No Offer or Advice

The information and opinions contained on this Website do not constitute a distribution, an offer to buy or sell, or the solicitation of any offer to buy or sell any securities or financial instruments in any jurisdiction in which such distribution or offer is not authorised.

Nothing on this Website constitutes professional advice, including investment, legal, tax, or accounting advice. You should obtain appropriate professional advice before making any investment decisions. All products and services are subject to the relevant terms and conditions and disclaimers governing their use.

The information on this Website relating to any investment strategy under the Specialised Investment Fund is for general informational purposes only and should not be construed as a substitute for the Investment Strategy Information Document (ISID), Statement of Additional Information (SAI), or Key Information Memorandum (KIM). In the event of any inconsistency between the information on this Website and the relevant offer documents, the offer documents shall prevail.

In particular, the information on this Website is not for distribution and does not constitute an offer to buy or sell or the solicitation of any offer to buy or sell any securities or financial instruments in the United States of America or Canada to or for the benefit of United States persons or persons of Canada.

Chatbot and WhatsApp Services

Overview

The Company may provide chatbot services via the Website and/or WhatsApp platform to enable investors to undertake financial and non-financial transactions and receive information regarding Specialised Investment Funds and investment strategies. The chatbot and WhatsApp platform may be powered by third-party service providers, including the Company's Registrar and Transfer Agent ("RTA").

By using the chatbot or WhatsApp services, you agree to be bound by these Terms as well as any terms and conditions of the third-party service providers, including WhatsApp's terms of service and privacy policy.

Use of Chatbot and WhatsApp Services

Instructions or transactions received through the chatbot or WhatsApp shall be deemed to be duly authorised by you and the Company or its RTA may act on such instructions at its discretion.

You acknowledge that WhatsApp is not a secure means of giving instructions or undertaking transactions, and there are inherent risks including but not limited to instructions being inaccurate, imperfect, ineffective, illegible, garbled, altered, distorted, delayed, or not received at all.

Financial transactions received through WhatsApp shall be time-stamped at the time they are received at the Company's or RTA's system and shall be processed at the applicable Net Asset Value ("NAV") in accordance with the cut-off timing norms stipulated in the relevant investment strategy documents. You acknowledge that investment strategies under the SIF may have subscription and redemption frequencies that differ from regular mutual fund schemes, including daily, weekly, fortnightly, monthly, quarterly, or other suitable intervals as specified in the relevant ISID, and notice periods of up to 15 working days may apply for redemptions.

Limitations

The chatbot and WhatsApp services are provided for your convenience, and the Company or its RTA is not always obliged or bound to act on instructions received through these channels.

The chatbot and WhatsApp services are available only for financial and non-financial transactions and shall not be used for grievance redressal or reporting of fraud. The Company shall have no liability if such matters are reported through these channels.

You acknowledge that the Company reserves the right to refuse, reject, cancel, or reverse any transaction or instruction received through the chatbot or WhatsApp services at its sole discretion, without providing any reasons, and shall have no liability whatsoever for any such refusal, rejection, cancellation, or reversal.

We do not have any direct agreement or tie-up with WhatsApp and shall not be responsible for any communications sent or received over WhatsApp or the services provided by WhatsApp, particularly in relation to data privacy or data integrity.

Intellectual Property Rights

Copyright

The materials on this Website, including all text, graphics, images, logos, icons, audio and video clips, digital downloads, data compilations, and software, are the property of the Company, its licensors, or content providers and are protected by Indian copyright laws.

No part of such materials may be modified, reproduced, stored in a retrieval system, transmitted in any form or by any means, copied, distributed, used for creating derivative works, or used in any other way for commercial or public purposes without our prior written consent.

Trademarks

The trademarks, logos, and service marks displayed on this Website are registered and unregistered trademarks of the Company, members of its group, or third parties. Nothing on this Website should be construed as granting any licence or right to use any trademark without the prior written permission of the Company or such third party.

Users are prohibited from using any trademarks without our prior written consent or that of the relevant third parties.

Hyperlinks to External Websites

This Website may contain hyperlinks to websites published or operated by third parties who are not affiliated with or related to the Company. These hyperlinks are provided for information purposes and user convenience only.

The provision of a hyperlink to an external website shall not be deemed to constitute an endorsement, recommendation, approval, guarantee, or introduction of any third party or the services or products they provide on their websites, nor shall it indicate any form of cooperation with such third parties, unless otherwise expressly stated by the Company.

We are not responsible for the content of any externally linked website or web page. Such websites may contain products and services that are not authorised in India and are not available to Indian residents. You use or follow these links at your own risk, and we shall not be liable for any damages or losses incurred by you arising from your use of such links.

When you click on a hyperlink and leave our Website, you will be subject to the terms of use and privacy policies of the other website.

Hyperlinks to Other Group Websites

This Website may include hyperlinks to other websites within the Company's group for your convenience. The products and services offered on these websites may be limited to persons located or residing in specific jurisdictions, and the terms and conditions governing the use of each such website may differ. You should consult and carefully read the applicable terms and conditions before using such websites.

Hyperlinks from External Websites to Our Website

You must obtain our prior written approval before creating a hyperlink in any form from a third-party website to this Website. We may or may not grant such approval at our absolute discretion.

Any approved hyperlink must display plainly our name or website address only. Any use or display of our logos, trade names, or trademarks as a hyperlink will not be approved except in exceptional circumstances and may be subject to a fee.

Any link to our Website must be an active, direct link to the home page of our Website. No "framing" or "deep-linking" of our web pages or content is permitted.

We reserve the right to rescind any approval granted to link to our Website and to require the removal of any such link at our discretion at any time.

Online Security

Your Security Responsibilities

You are responsible for maintaining the confidentiality and security of your login credentials, passwords, personal identification numbers ("PINs"), and other security information. You must not share these details with anyone. No representative of the Company will ever ask you for your password or complete security details.

You should take reasonable precautions to protect your personal information and devices, including:

Installing and regularly updating anti-virus software on your devices.

Keeping your software, operating system, and web browser up to date with the latest security patches.

Using strong, unique passwords and changing them regularly.

Being vigilant against phishing emails and fake websites designed to steal your personal information.

Not sharing personal information on social networking sites that could be used to compromise your security.

Securing your wireless network with appropriate passwords and encryption.

Protecting your mobile devices with security PINs and automatic lock features, and not using jailbroken or rooted devices for accessing financial services.

Recognising Fraud and Scams

You should be wary of communications that make big promises, contain threats, create a false sense of urgency, require unnecessary secrecy, or come from unknown or unexpected sources.

If you receive a suspicious email purporting to be from the Company, do not click on any links or open any attachments. Report such emails to the Company immediately.

Our Security Measures

We employ industry-standard security technology and practices to safeguard your account and personal information, including:

Secure online sessions using HTTPS protocols and SSL encryption.

Two-factor authentication mechanisms for secure transactions.

Session timeouts that automatically log you off after a period of inactivity.

Automatic lockouts after multiple incorrect login attempts.

Firewalls, monitoring systems, and dedicated information security teams.

Disclaimers and Warranties

No Warranties

The Platform and all information, materials, and content contained therein are provided on an "AS IS" and "AS AVAILABLE" basis without warranty of any kind, whether express or implied.

We make no warranty regarding:

The accuracy, completeness, currency, or reliability of any information on the Website.

Non-infringement of third-party rights.

Security or freedom from viruses, malware, or other harmful components.

Fitness for a particular purpose or merchantability.

Uninterrupted, error-free, or secure operation of the Platform.

Investment Risk Disclosure

The value of investments and the income derived from them may fluctuate, and you may not receive back the amount originally invested. Past performance is not necessarily indicative of future performance.

You acknowledge that Specialised Investment Funds are designed for investors who understand and can bear the risks associated with sophisticated investment strategies including, but not limited to, long-short equity strategies, derivative exposures for non-hedging purposes, and hybrid investment strategies. The investment strategies under SIF may take exposure of up to 25 per cent of the net assets in permissible exchange traded derivative instruments for purposes other than hedging and portfolio rebalancing, which involves additional risks.

Where an investment is denominated in a currency other than your base currency, exchange rate fluctuations may have an adverse effect on the value, price, or income of that investment.

Changes in tax rates or relief may affect the value of investments. Current tax levels and relief may change, and the value of any relief depends on individual circumstances.

You acknowledge that Specialised Investment Funds may have limited liquidity compared to regular mutual fund schemes. The redemption frequency of an investment strategy may differ from its subscription frequency, and notice periods may apply. In certain circumstances, the Company may impose liquidity risk management tools, including swing pricing, redemption gates, or suspension of redemptions, as permitted by applicable regulations. You expressly waive any claims against the Company arising from the application of such liquidity risk management measures.

Mis-selling Disclaimer

As per the Securities and Exchange Board of India (Mutual Funds) Regulations, 2026, and guidelines issued thereunder, the Company, its employees, and empanelled distributors or agents are prohibited from guaranteeing, promising, assuring, or predicting any returns or future performance of any Specialised Investment Funds or investment strategies. You should not rely upon any such statements or commitments. If you encounter any such practices, please report them to us.

Limitation of Liability

General Limitation

To the fullest extent permitted by applicable law, the Company, its group companies, trustees, directors, officers, employees, agents, RTA, and their respective successors and assigns (collectively, “Protected Parties”) shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, data, investment value, or other intangible losses, arising out of or in connection with:

Your use of or inability to use the Platform.

Unauthorised access to or alteration of your transmissions or data.

Statements or conduct of any third party on the Platform.

Technical failures, system outages, or telecommunications network failures.

Force majeure events, including but not limited to floods, earthquakes, pandemics, epidemics, acts of God, fire, war, insurrection, riots, civil disturbances, terrorist acts, labour disputes, accidents, government actions, legislative or regulatory changes, sanctions, embargoes, power failures, telecommunications failures, equipment or software malfunctions, cyber attacks, or any other circumstances beyond the reasonable control of the Company.

Any delay or failure in the processing of instructions or requests.

Any automatic redemption, freezing of units, or other action taken by the Company in compliance with the minimum investment threshold requirements or other regulatory requirements applicable to Specialised Investment Funds.

Platform Availability

We do not guarantee that the Platform will be available at all times or that access will be uninterrupted or error-free. We may at any time, without prior notice, modify, suspend, or discontinue the Platform or any part thereof for maintenance, upgrades, security, or any other reason.

The online facilities on the Platform are provided in addition to, and not in substitution of, existing procedures or facilities for transacting, including offline or physical modes.

Internet Risks

The internet is susceptible to fraud, misuse, hacking, and other actions beyond our control. While we implement security measures to prevent such incidents, we cannot guarantee complete protection against internet-related risks. You agree not to hold us liable for any loss or damage arising from such risks.

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its group companies, trustees, directors, officers, employees, agents, RTA, and their respective successors, assigns, and representatives (collectively, "Indemnified Parties") from and against any and all claims, demands, actions, liabilities, damages, costs, charges, losses, and expenses (including reasonable legal fees and costs of litigation) arising from or in connection with:

Your use of the Platform or any breach of these Terms.

Any unauthorised use of the Platform through your account or using your personal and financial information.

Any instructions or transactions submitted by you or purportedly submitted by you through the Platform.

Your violation of any applicable law, regulation, or third-party rights.

Any failure by you to meet or maintain the Minimum Investment Threshold or any other eligibility requirements applicable to Specialised Investment Funds, including any losses or costs arising from the freezing or automatic redemption of your units.

Any illegal or improper use of the Platform by you, which may result in financial charges, suspension, or termination of your access, and potential legal proceedings against you.

Any claims arising from your reliance on information received through the chatbot, WhatsApp services, or any other digital platform, or from any delay, failure, or error in the transmission or execution of instructions through such platforms.

Electronic Communications

Email Communications

Messages sent over the internet cannot be guaranteed to be completely secure, as they are subject to possible interception, loss, or alteration. We are not responsible for and shall not be liable for any damages arising from messages sent by you to us or by us to you over the internet.

Internet communications may be subject to interruption, transmission blackout, delayed transmission due to internet traffic, or incorrect data transmission due to the public nature of the internet.

Call Recording

We reserve the right to record telephonic conversations with Users for quality control purposes or as otherwise required.

Promotional Communications

We may, directly or through call centres, send promotional information, materials, or alerts to the mobile numbers or email addresses provided by you. By using our Platform, you consent to receive such communications. If you do not wish to receive promotional communications, please contact us at the address provided in the "Contact Us" section.

Privacy

Your privacy is important to us. Our collection, use, disclosure, and protection of your personal information are governed by our Privacy Policy, which forms an integral part of these Terms. By using the Platform, you consent to our collection, use, and sharing of your personal information in accordance with the Privacy Policy.

Termination

We may, at our sole discretion and without notice, deny you access to all or part of the Platform, terminate your account, or remove any content you have submitted, for any reason, including but not limited to:

Breach of these Terms by you.

Requests by law enforcement or government agencies.

Discontinuation or material modification of the Platform.

Unexpected technical or security issues.

Extended periods of inactivity.

Upon termination, your right to use the Platform shall immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

You acknowledge that termination of your access to the Platform shall not affect your obligations under these Terms, including any outstanding liabilities, indemnification obligations, or pending transactions. The Company shall have no liability for any losses incurred by you as a result of such termination.

Governing Law and Jurisdiction

These Terms and your use of the Platform shall be governed exclusively by and construed in accordance with the laws of India.

Subject to the arbitration provisions hereinafter, you and the Company agree to submit to the exclusive jurisdiction of the courts in Mumbai, India, for the resolution of any disputes, claims, or matters arising under or in connection with these Terms or your use of the Platform.

This agreement, together with the Privacy Policy, the relevant offer documents (including ISID, SAI, and KIM), and any other terms and conditions applicable to specific services or investment strategies, constitutes the entire agreement between you and us with respect to this Website and the Specialised Investment Fund, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written.

Waiver and Severability

Waiver

No failure or delay by us in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof. Any waiver, to be effective, must be in writing.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the remaining provisions of these Terms, which shall continue in full force and effect.

Contact Us

If you have any questions about these Terms or wish to report any issues concerning the Platform, please contact us at:

Name: Mr. Ankur Banthiya
Designation: Investor Relations Officer
Address: HSBC Mutual Fund, Unit No. 62, 1st Floor, Parade View, Rukmani Lakshmipathi Salai, Egmore, Chennai, Tamil Nadu-600008 India
Email: iromf@mutualfunds.hsbc.co.in