These Terms and Conditions set out herewith are binding for Transacting Online through Internet on Tata Mutual Fund’s website: www.tatamutualfund.com using the facility for KYC Compliant Investors new to Tata Mutual Fund (TMF) offered by TMF through its Investment Manager, Tata Asset Management Limited. You are requested to read these Terms and Conditions carefully before investing. By accepting these Terms and Conditions you hereby acknowledge that you have read, understood and agree to them.

TAML is registered with the Securities and Exchange Board of India (SEBI) to act as the Investment Manager for the Schemes of Tata Mutual Fund (hereinafter referred to as the Fund). AND TAML has a dedicated website in the name and style of www.tatamutualfund.com (hereinafter referred to as the “website”), which provides information and downloads relating to TAML and the Fund, including the facility of Online subscription of units and creation of folio and such other services/ facilities as detailed herein. The Fund, through its service providers (hereinafter referred to as “Service Providers”) offers the facility of transacting online through Internet for the convenience of KYC Compliant Investors that are new to TMF, the Facility and creation of folio and to invest in schemes of TMF online using the information available with various KRAs viz. CAMS KRA, CVL KRA, NSDL KRA and DOTex KRA.

The Investor/s defined here is/are KRA KYC compliant Investor/s and is / are desirous of availing of the services/facilities available through the Website of the Fund and has/have accepted these terms and conditions:

1. TERMS OF SERVICES

Investors’ Authorization and consent for Online Folio Creation: The Investor/s hereby authorize/s the Fund, who in turn, may authorize any of its service providers, to extend the Facility of creation of folio and accept purchases/subscriptions from the Investors, including an irrevocable authorization to the Fund to act upon any electronic instruction/s given to the Fund through use of the Facility in connection with the Online Transactions (hereinafter referred to as the “Instructions”), including creation of folio and performing the Online Transactions under the folio through the website and as may be permitted by the Fund under the Facility from time to time.

Folio Number shall mean the Folio Number allotted to the Investor and hereinafter referred to as “Folio Number”. TAML reserves the right to change, amend or modify the website as may be intimated from time to time.

Usage of, or subscription to, the Facility shall be in addition to, and not in substitution of, the existing procedure for conducting the transactions, the services of which are available through Online Transactions as well.

The Fund shall not be responsible for any errors that may be committed by the Investor/s in the process of conducting any Online Transaction/s or for error or failure of the transaction over internet due to any network problems. The Investor/s shall make only one application for each transaction, either in physical or electronic form.

2. PROCEDURE

2.1 Who can operate: Only existing KYC Investors who are KRA KYC verified with any one of the KRA i.e. CAMS KRA, CVL KRA, NSDL KRA and DOTex KRA.

Investor/s need to have a valid registered email ID, mobile number and Bank Account Number to avail of the facility. If the mode of holding is ‘single’ the facility will be available to the sole Investor. If the mode of holding is ‘anyone or survivor’ the Investor/s of such Account agree and confirm that TAML/TMF shall not be in the position to verify the user of the website and thereby shall not be responsible/liable for any transaction/s arising out of misuse of the facility by any of the joint holders. If the Investor is a minor, the parent / legal guardian shall be eligible to avail of the facility till the minor attains majority. The parent/guardian agrees not to use the Facility once the minor attains majority. In case of HUF, the details of the HUF need to be entered and the date of Incorporation of HUF is required and it shall be deemed that the transaction is initiated by the Karta. The facility is currently not available for the Non - Individuals like body corporates, firms or trusts. KYC KRA Compliant PAN / PEKRN number is mandatory for this facility. For Investors applying through KYC Compliant PEKRN can invest upto Rs.50,000/- only. The Investor/s agree/s to visit the website www.tatamutualfund.com in the event they require more details.

3. Services Offered

The Investor/s may access the following services viz the facility:

• Subscription / purchases of units of TMF schemes Online.
• Online Creation of Folio

The Investor/s hereby agree/s and confirm/s that the services mentioned herein above are only an inclusive list, and the Fund may add or remove any services it may in its absolute discretion decide, which services the Investor may use the Facility to access and utilise. In addition to the information and services mentioned above, the Investor may also, as and when the facility is extended to other services provided by the Fund, use such facility to access and utilise any such services provided by the Website.

4. TAML WARRANTIES

TAML will make best efforts to keep the Website updated on a daily basis, so as to provide upto date information to Investor/s. The Investor/s also agree/s that the look and feel of the web screen and outputs there from may differ based on the nature of the software used by the Investor/s to browse the Website. TAML agrees to take best efforts to protect security of the data placed on the Internet and has for this purpose required the service provider to sign a confidentiality agreement specifying confidentiality of the data and to restrict external access to the database on the Internet. TAML/ service provider may, in the interest of the Investor/s, request a fax confirmation of the instructions and any additional information TAML/service provider may require. In such an event, TAML/service provider shall not be bound to act on electronic instructions received, until the said fax confirmation and additional information is received from the Investor/s, in a form and manner acceptable to TAML/service provider. The Investor/s confirm/s and agree/s that he/she/they shall at all times be bound by any modification and/or variations made to the Terms and Conditions hereof and as notified on the Website. TAML shall not be required to give the Investor/s individually any separate notice of any of the modification and/or variations that have been notified on the Website. TAML or the service provider shall have the absolute discretion to amend or supplement any of the terms at any time and will endeavor to give prior notice on the website / through email for such changes wherever feasible. TAML/service provider may, in its absolute discretion decide not to carry out any such transaction where the service provider or TAML has reason to believe that the instructions are not genuine, are unclear, are such as to raise a doubt, are otherwise improper or there is ground to believe that the same is in contravention of any statute/laws in India and cannot be put into effect.

5. TAML DISCLAIMERS

Neither TAML nor the service provider shall be liable for any unauthorized usage of the facility or any loss or damage or other consequences there from. Further, neither the Fund, nor TAML nor the service provider shall be liable at all for any misuse if any, of any data accessed through the Internet by third parties. Without prejudice to any other provisions of this Agreement, TAML and its service provider shall not be liable for any loss or damage whatsoever caused arising directly or indirectly in connection with the services and/or this Agreement.

TAML and the service provider have the absolute discretion to withdraw/amend the services provided, or amend or supplement any of the above terms and conditions at any time without prior notice to the Investor /s.

The Investor/s confirm/s and agree/s that he/ she/they shall at all times be bound by any modification and/or variations made to the other Terms and Conditions and as notified on the Website. The Fund shall not be required to give the Investor/s individually any separate notice of any of the modification and/or variations that have been notified on the Website.

6. INVESTOR/S COVENANTS

6.1 The Investor/s hereby accept/s that he/she/they has/have read and understood the terms and conditions detailed in the SID/SAI/KIM Risk factor and Disclaimers of the respective Scheme(s) and that he/she/they is/are eligible to make investments in the Units of the Scheme. Investor/s will comply with the terms and conditions for Know Your Customer (KYC) and Restrictions on Acceptance of Third Party payments for subscription of units.

The Investor/s hereby accept/s that the payment for subscription/purchase of the units of the Schemes shall be made from his own savings bank account(s) and that the payment is in compliance with the provisions detailed under "Restrictions on Acceptance of Third Party payments for subscription of units in the SID/SAI. In line with regulations under the provisions of the Prevention of Money Laundering Act, 2002 (PMLA), I / We hereby confirm that the funds for this purchase are being debited from my/our account, which is also registered with Tata Mutual Fund in the said folio.

The Investor/s hereby understand/s and accepts that his/her/their application will be processed at the applicable NAV subject to realization/utilization of clear funds and acceptance of Transaction by the TAML/Authorised Registrar in terms of the SID/SAI and that the electronic time stamping by the TAML on the Transaction request received through www.tatamutualfund.com shall be deemed to be the time stamping in accordance with SEBI Regulations. The time and date recorded in the AMC server will be treated as the time and date for the submission of the online application (electronic application).

Investor/s hereby confirm that he/she/they has/have read and understood the SEBI Circulars on uniform cut - off timings for applicability of NAV. Investor/s will not hold Tata Asset Management Limited (TAML), (the AMC), liable for any delay in crediting the scheme collection accounts by the service providers resulting in consequent pricing of the units.

The server time at the instance of confirmation of the transaction will be considered as the final time to determine transaction time, cut-off time and consequent applicable NAV. The number of units allotted or redeemed will be calculated based on the cut-off time and Applicable NAV as per SEBI guidelines.

The cut-off time for all open-ended schemes of Tata Mutual Fund will be as follows:

1. Applicable NAV for Subscription in Tata Liquid Fund and Tata Overnight Fund

a. Where the application has been received through online mode
• Where the valid application is received upto 7.00 p.m. through online mode, the closing NAV of the day immediately preceding the next business day shall be applicable; and
• Where the valid application is received after 7.00 p.m. through online mode, the closing NAV of the next business day shall be applicable.
b. Where the application has been received through physical mode
• Where the valid application is received upto 3.00 p.m. at the Official Point of Acceptance in a physical mode, the closing NAV of the day immediately preceding the next business day shall be applicable; and
• Where the valid application is received after 3.00 p.m. at the Official Point of Acceptance in a physical mode, the closing NAV of the next business day shall be applicable.

• Valid application for “switch out” shall be treated as redemption and for “switch-in” shall be treated as purchases and the relevant NAV of “Switch – In” and “Switch – out” shall be applicable accordingly.

4. For NAV other than Tata Liquid Fund and Tata Overnight Fund.

In case of Switch transactions, funds will be made available for utilization in the switch-in scheme based on redemption payout cycle of the switch out scheme.

In respect of application received upto cut-off, closing NAV of the day of receipt of application shall be applicable and in respect of application received after cut-off closing NAV of next business day.

As regards all purchases, the time after successful payment and transaction being confirmed before applicable cut-off time will be considered as final and there cannot be any changes thereto. In case of online transactions through TMF online portal, the movement of funds from the investors’ bank account to the Scheme’s bank account happens via the Intermediary / Aggregator service provider through a Nodal (shadow) bank account and post reconciliation of fund. The process of movement of funds from the investors’ bank account into the Scheme’s Bank account in case of online transaction is governed by the Reserve Bank of India (RBI) vide their circular Ref. RBI/2009-10/231 DPSS.CO.PD.No.1102/02.14.08/2009-10 dated 24th November, 2009. The process followed by the aggregator and the time lines within which the Funds are credited into the Scheme’s bank account is within the time lines provided by RBI which isT+3 settlement cycle / business days, where T is the date of Transaction / day of intimation regarding completion of transaction.The nodal bank account as stated above is an internal account of the bank and such accounts are not maintained or operated by the intermediary / aggregator or by the Mutual Fund. All funds held in the accounts are in the nature of outside liability of the bank and the balances held in the accounts shall be reckoned for the purpose of computation of Net Demand and Time Liabilities of the Bank. Such accounts are subject to concurrent audits and a certificate is also submitted to RBI regarding adherence of stated directions.While the movement of Funds from the investors’ Bank account may have happened on T day, however post reconciliation and as per statutory norms the allotment can happen only on availability of Funds for utilization by the AMC/MF and accordingly the transaction will be processed as per the applicable NAV based on availability of funds for utilization by respective cut-off for the schemes as mentioned above.

Note that in case of Transactions through OTM and for iSIP transactions:NAV applicability is dependent on realization of funds and funds available for utilization even though investor is account debited on the respective SIP dates.

Investor/s confirm/s that, the ARN Holder has disclosed to Investor/s all the commissions (in the form of trail commissions or any other mode), payable to Investor/s for the different schemes of various Mutual Fund from amongst which the scheme is being recommended to Investor/s.

Transaction Charges: In accordance with the SEBI Circular No. IMD/DF/13/2011 dated August 22, 2011, effective from November 01, 2011, the fund shall deduct a Transaction Charge on purchase / subscription of Rs.10,000/- and above, wherein such purchase/subscription is through distributors /agent who have “opted in” to receive the transaction charge as under:

• For a New Mutual Fund investor, a transaction charges of Rs.150/- shall be levied per purchase/ subscription of Rs.10,000/- and above, and
• For existing Mutual Fund, a transaction charge of Rs.100/- shall be levied per purchase/ subscription of Rs.10,000/- and above, and

Investor/s hereby specifically authorize Tata Asset Management Limited hereafter referred to as AMC to obtain Investor/s KRA documents / record from KRA. If the AMC is not able to obtain/ download Investor/s details from KRA or if Investor/s is / are not KRA Compliant or if Investor/s KRA KYC record is not in Verified status, then TMF Account may not be enabled or can be disabled in future.

Investor/s declare/s, confirm/s and agree/s:

• That all the particulars and information given for opening the Investment Account is true, correct, and complete and up to date in all respects and Investor/s has/have not withheld any information.
• That, Investor/s will, at all times, be responsible for his/her/their investment decisions and /or orders placed, or applications preferred by Investor/s, either electronically or otherwise. Investor/s will not hold, or seek to hold, AMC and/or any of its officers, directors, employees, agents, subsidiaries or affiliates, liable for any loss including but not limited to investment losses incurred by Investor/s.
• Investor/s understand that the access to the online platform is given on the basis of the statements and declarations made by Investor/s. Investor/s undertake to ensure that this facility would be put into action for bonafide transactions not involving any violations of the provisions of Government of India or any other applicable law or regulation in force in India.
• Investor/s understand that if Investor/s submit/s any offline/physical transaction application to AMC for purchase, redemption, switches, etc. which requires physical signatures, such transactions will be processed by AMC/Registrar only if his/her/their signature on the application matches with the signature as available in KRA records. Investor/s agree/s that any mismatch in signature would result in rejection of his/her/their application.
• Investor/s understand that if Investor/s agrees that by mentioning RIA code, I / we authorize you to share with the SEBI Registered Investment Adviser (RIA) the details of my / our transactions in the schemes(s) of Tata Mutual Fund
• Investor/s hereby confirm that the bank account from which the payments will be made for the transaction would be held in first / Sole Investor/s name and shall not belong to any third party and no payments shall be made from a third-party bank account. Funds transferred under the facility, may be withheld, delayed or rejected by AMC till such period as it deems fit, if AMC has reasons to believe that the amount was transferred from an account belonging to another person or that the funds are from illegitimate sources or if AMC has reasons to believe that the sources of funds is suspicious or warrants monitoring and necessary action under the provisions of the Prevention of Money Laundering guidelines. Investor/s agree/s to hold AMC harmless against any losses, damages etc., that may be incurred or suffered by Investor/s in this regard.
• That AMC Reserves the right to ask any additional documentation or verification in the future with respect to this transaction or any future transaction executed through this website.

The Investor/s agree/s and confirm/s that if at any stage it is found by the TAML /Authorised Registrar that the information provided by Investor/s is incorrect/false/erroneous, then TAML /Authorised Registrar may at its sole discretion reject allotment of Units and such decision shall be final and binding on Investor/s.

6.2 The Investor/s hereby agree/s that access of any facility as the case may be, will be deemed acceptance of the other terms and conditions as posted on the Website and the Investor/s will unequivocally be bound by such terms and conditions. The Investor/s confirm/s and agree/s that he/ she/they shall at all times be bound by any modification and/or variations made to the other Terms and Conditions and as notified on the Website. The Fund shall not be required to give the Investor/s individually any separate notice of any of the modification and/or variations that have been notified on the Website. The Investor/s agree/s and authorizes the Fund, its service provider to execute, comply with all or any instruction(s) given to the Fund through use of the facilities available on the website. Any instruction given to TAML through use of the internet facility (hereinafter referred to as the “Instructions”) shall be deemed to have been given by the Investor/s to TAML/service provider and TAML/service provider shall be entitled to assume that the said instructions are given by the Investor/s and thus the Fund/TAML/Service Provider shall be protected from acting thereon. The Investor/s agree/s that if any unauthorized person gains access to the Facility, the Investor/s agree/s to at all times to indemnify the Fund/TAML, its officers, employees, successors and assigns from and against all actions, proceedings, claims and demands whatsoever for and on account of or in relation to any unauthorized use of the facility and from and against all damages, costs, charges and expenses in respect thereof, unless the same is caused by gross negligence, bad faith or willful default on the part of the Fund/TAML or the Service Provider.

6.3 It shall be the sole responsibility of the Investor/s to ensure adequate protection, confidentiality and secrecy of the transaction and any disclosure thereof to any other person shall be entirely at the Investor/s risk. The Fund/TAML or its Service Provider will not accept any kind of responsibility or liability for any loss, damage or harm in such cases. The Investor/s hereby release/s the Fund/TAML and the service provider from any liability whatsoever against misuse of the facility. Further, neither the Fund/TAML nor the service provider shall be liable at all for any misuse or tampering if any, of any data placed on the Internet, by third parties “hacking” or unauthorized accessing the server. The Fund/TAML/Service Provider will not be liable for any failure to act upon instructions or to provide any facility for any cause that is beyond the Fund/TAML/Service Providers’ control. The Investor/s shall take responsibility for all the transactions conducted by using the Facility and will abide by the record of the transactions generated by the Fund/TAML/Service Provider. Further all such records generated shall be conclusive proof and binding for all purposes and may be used as conclusive evidence in any proceedings. The Investor/s shall be fully liable to the Fund/TAML/its service provider for every transaction entered into using the Facility, whether with or without the knowledge of the Investor/s. In no event will the Fund/TAML or its service provider be liable to the Investor/s for any special, direct, indirect, consequential or incidental loss or damages even if the Investor/s has/have advised TAML, the Fund or its service provider of such possibility.

6.4 The Investor/s shall be solely responsible for ensuring adequate security measures to help prevent unauthorized access or use of the Facility to their transactions and bank accounts, and TAML/service provider shall not be liable of any such unauthorized access and protection of his/her/their computer against any computer virus. The Investor/s undertake/s to comply with all applicable laws and statutory requirements and agree/s to be bound by and to diligently follow and ensure compliance with the applicable rules and regulations of the Fund and as well as the applicable SEBI rules and regulations. The Fund /TAML/ service provider may not acknowledge receipt of any instructions nor shall be responsible to verify any instructions. The Fund /TAML/ service provider shall endeavor to give effect to instructions on a best effort basis and as soon as practically possible, as permitted by the regulations from time to time. In the event of any instructions being capable of execution in two or more ways, the Fund/TAML/ service provider may execute the instructions in any way as it may, in its sole judgment decide. The Investor/s agree/s that the use of the facilities is prone to risk of any loss of or interception of information over internet, notwithstanding the secure method of transmitting information adopted by the Fund / TAML/its service providers, and that such a risk will be borne by the Investor/s and that the Fund/TAML/ its service provider shall not be liable for the same.

6.5 The Fund, TAML, along with it’s directors, employees, agents, executors, successors and assigns shall not be liable for any damages or injuries arising out of or in connection with the use of the website or its non-use including non-availability or failure of performance, loss or corruption of data, loss of or damage to property (including profit and goodwill), work stoppage, computer failure or malfunctioning, or interruption of business; error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure or for any failure to act upon Electronic Instructions or to provide any facility for any cause that is beyond the control of the Fund/TAML/ or Service Providers. All records of the Fund/service provider, whether in electronic form, magnetic medium, documents or any other with respect to instructions received for use of the Facilities or Instructions received through use of the Facility shall be conclusive evidence of such instructions and shall be binding on the Investor/s. In case of any discrepancy in the details of any transaction carried out in respect of the Investor/s’ account, the Investor/s shall intimate the service provider /TAML/ the Fund within 10 days of receipt of the statement of account or information thereof, failing which the transaction will be deemed to be correct and accepted by the Investor/s.

7. NO WAIVER

No forbearance, delay or failure on part of the Fund /TAML/ service provider to exercise any power or right under these terms and conditions shall operate as a waiver of such power or right, nor shall any single or partial exercise of such power or right preclude any further exercise of that or any other power or right.

8. DISCLAIMER

Mutual Fund Investments are subject to market risks. The Scheme Information Document (SID) and Statement of Additional Information (SAI) provided on the website set forth concisely the information about the Schemes that an investor should know before investing. The particulars of the Schemes have been prepared in accordance with the provisions of the Securities and Exchange Board of India (Mutual Funds) Regulations, 1996, as amended till date and filed with SEBI and the units being offered for public subscription have not been approved or disapproved by SEBI nor has SEBI certified the accuracy and adequacy of the SAI and SID. The SID and SAI shall remain effective till a “Material Change” (other than a change in the fundamental attributes and within the purview of the SID and SAI) occurs and thereafter the changes shall be filed with the SEBI and circulated to the Investor/s along with the quarterly / half-yearly reports. Any information on the website thereon should be used in conjunction with traditional investment techniques, which may include obtaining applicable legal, accounting, tax or other professional advice or services. TAML will not be liable or responsible in any manner whatsoever for any omissions, errors or investment consequences arising from the use of this material by the Investor/s

9. CONFIDENTIALITY

The Fund / TAML / its service provider shall keep the information relating to the transactions of the Investor/s using the Facility, confidential. Provided however that the Fund is entitled to disclose any information or particulars pertaining to the Investor/s to any authority, statutory or otherwise as may be required by law.

10. PRIVACY

TAML or its service provider shall not sell or market any personal information or personalized data of its Investor/s to unaffiliated organizations. TAML and the Service Provider shall maintain the personal information and data of the Investor/s according to strict standards of security and confidentiality.

11. GOVERNING LAW AND JURISDICTION

This Agreement is governed by and construed in accordance with the laws of India. The Courts of Mumbai (and in case of any proceedings in the City Civil Court or in the Small Causes Court, the Courts in South Mumbai) shall have exclusive jurisdiction over any disputes arising out of or in connection with this Agreement. The transactions carried out are subject to the terms and conditions of the SAI and the SID of the schemes of the Fund, read with the addenda issued from time to time. Any dispute arising out of or in connection with these Terms and Conditions will be referred to arbitration of a sole arbitrator to be appointed by TAML, in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any enactment thereof. The Arbitral proceedings shall be conducted in Mumbai, in the English Language and the Arbitral Award shall be final and binding upon the parties and shall delivered in Mumbai in the English Language. These terms and conditions are subject to the provisions of the Securities and Exchange Board of India (Mutual Funds) Regulations, 1996 and guidelines issued there under as amended from time to time and other laws, rules and regulations issued by the Government of India relating to mutual funds and the provision of this facility.

12. NOTICE

Any notice, communication or documents required to be given by either Party to the other with respect to these terms and conditions, may be given by personal delivery, registered post, fax, or by any other electronic medium as may be agreed by both parties from time to time, at the following addresses:

• If to the Fund: Tata Asset Management Limited (Investment Manager for Tata Mutual Fund) 19th Floor, Parinee Crescenzo, ‘G’ Block, Bandra Kurla Complex, Opposite MCA Club, Bandra (East), Mumbai - 400 051., Tel: (022) 6282 7777, Fax: 66178288. Email: service@tataamc.com
• If to the Investor: At the address of the Investor as recorded with the Fund. The notice, communication or document shall be deemed to be effective if given by personal delivery when so delivered, if given by post on expiration of seven days after the notice, communication or document is delivered to the post office for onward dispatch, if given by fax or telex upon transmission thereof. Provided that any notice, communication or document given by fax shall be followed by a confirmation in writing.
  I/we confirm and declare that I/we have read and understood these “Terms and Conditions of usage of online transactions” and also the “Disclaimer and Terms and Conditions” as posted on the Tata Mutual Fund’s website www.tatamutualfund.com
  I/ We agree and shall abide by the norms, Terms and Conditions of usage of online transactions, and agree not to hold the Fund/TAML/ its service provider responsible for my/our actions relating to the use of this Facility.