Terms & Conditions of Agreement for Availing Retirement Advisory & Other Services

This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms & Conditions for access to or usage of the website : www.PensionAdvise.stockholding.com (Hereinafter referred to as "Website"). By accepting these Terms & Conditions, User binds himself/ herself to an Agreement with Stock Holding Corporation of India Limited (StockHolding)for availing Retirement Advisory & other services.

StockHolding may change the Terms and Conditions from time to time by updating this page. This policy is effective from 17 May, 2022.

The domain name "www.PensionAdvise.stockholding.com" (hereinafter referred to as "Website" or "Site"), is owned and operated by Stock Holding Corporation of India Limited (hereinafter referred to as "StockHolding" or "the Company") as a Retirement adviser licensed by the Pension Fund Regulatory and Development Authority "PFRDA", bearing registration number : RAN00005073E.

Your access to Site, is subject to the terms, conditions and disclaimers appearing on Site ("Terms and Conditions"), and all applicable laws. By accessing, browsing and/or using Site, you accept, without limitation or qualification, the Terms and Conditions, which together with our privacy policy and any other applicable policies, which are incorporated herein by way of reference or available by hyperlink on Site, shall govern StockHolding's relationship with you in relation to this Site. Accessing Site, by any means (such as laptop/ desktop/ tablet/ mobile phone and such other devices), is also subject to these Terms & Conditions. These Terms & Conditions supersede all previous oral and written terms and conditions (if any) communicated to you and shall act as an Agreement between StockHolding and users.

Minimum Age: You must be 18 years of age or older to use Site. It is not intended for those under the age of 18. You represent and warrant that you are 18 years of age or older and are fully able and competent to enter into, and abide by, the contract created by the Terms and Conditions.

Terms and Conditions Cover All Users: By using Site, you agree to be bound by the Terms and Conditions, whether you are a "visitor" (which means that you simply browse Site) or you are a "registered user" (which means that you have an Account with Site to avail the Services or any part thereof, as provided on Site). Each time you use Site, the current version of the Terms and Conditions will apply. Accordingly, when you use Site, you should check and review any changes since the last version. Please review carefully all of Site's Terms and Conditions before agreeing to them and accessing Site, by reading through all of the sections appearing below and reviewing all of the linked Terms and Conditions:

  1. Definitions
    1. "NPS" shall mean National Pension System ; a Government of India sponsored pension scheme.
    2. "POP" shall mean Points of presence under NPS ; POP are authorized to open NPS accounts for subscribers and facilitate their transactions such as contributions to NPS account/ changing asset allocation or/ and Pension fund manager.
    3. "PFM" shall mean Pension Fund Manager.
    4. "Company" or "StockHolding", shall mean and refer to Stock Holding Corporation of India Limited.
    5. "User/user", "You/you", "Your/your" means any person or visitor or registered user who views, browses, accesses or uses Site.
    6. "Use" or "Using" means to browse, access, view, copy, availing Services or other benefit from using Site.
    7. "Services" means the services of Retirement Advisory & other Advisory, rendered by StockHolding.
    8. "Force Majeure Event" means any event due to any cause beyond the reasonable control of StockHolding, including without limitations, unavailability of any communication systems, breach, or virus in the 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, 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.
    9. "Site" or "Website" means www.PensionAdvise.stockholding.com, which includes, any other platform where Site can be accessed from, such aslaptops/ desktop/ tablets/ mobile phones and other electronic devices.
    10. "Registered User/Registered user/ registered user" shall mean and include the visitors who have opened an Account with Site to avail the Services or any part thereof, as provided on Site.
    11. "SIP" shall mean Systematic Investment Plans.
    12. "Account" shall mean the account opened with www.PensionAdvise.stockholding.com, by registered users, for use of Site through Site.
    13. "Vendors" shall mean all third-party service providers employed by StockHolding to deliver Services to users. Such vendors include, but are not limited to payment gateway provider, NPS POP, bank etc.
  2. Website Use

    User acknowledges that in accessing and using the Services offered by StockHolding, user may utilize the content and Services offered on Site. User agrees to follow the terms and conditions for the use of Website as may be specified on Site from time to time. Notwithstanding such acceptance of Site Terms, user acknowledges and agrees to the following, that:

    1. StockHolding is a PFRDA registered retirement adviser (Registration Number : RAN00005073E)
    2. User's Account will be activated after StockHolding completes the verification process on the personal information provided at the time of enrolment and in accordance with the:
      1. Know Your Client ("KYC") guidelines issued by the Pension Funds Regulatory and Development Authority of India ("PFRDA") - Retirement Adviser regulations 2016.
    3. User shall not copy, reproduce, sell, redistribute, publish, enter into a database, display, perform, modify, transmit, license, create derivatives from, transfer or in any way exploit any part of any information, content, materials, services available from or through Site, except that which user may download for personal, non-commercial use.
    4. User will not use Site for any purpose that is unlawful, or prohibited by these Terms. User also agrees that user will not use Site in any manner that could damage, disable or impair Site or interfere with any other person's use or enjoyment of StockHolding website.
    5. The software and hardware underlying Site as well as other internet related software which are required for accessing Site are the legal property of the respective vendors. The permission given by StockHolding to access the Website, will not convey any proprietary or ownership rights in the above software/ hardware. User agrees that User shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software/hardware underlying Site or create any derivative product based on the software / hardware.
    6. Site shall offer advisory services to the User, which includes : a) advisory to maximize income tax savings from investing in NPS, b) recommendation of NPS Investment plans depending on user risk profile & the pension these plans promise post retirement, c) recommendations for asset allocation & PFM. Going forward, Site might also offer recommendations for Pension plans and facilitation in execution of pension plan transactions selected by user, through separate & independent departments of StockHolding that operate at arms-length vis--vis the Retirement Advisory department.
    7. For the Services offered by Site as mentioned in vi above, StockHolding would charge fees, While adhering to PFRDA prescribed Retirement Adviser Fee charges.

      StockHolding would charge Retirement advisory fees from subscribers availing NPS Robo advisory, as follows :

      (a) "Advisory fee charges" of Rs 100 per annum,

      (b) "Subsequent transaction charges" of Rs 100 per annum.

      This fee [i.e. (a) & (b) ] would be subject to Revision, as per PFRDA prescribed Fees for Retirement Adviser.

      Additionally, StockHolding would charge a fee of Rs 100 per annum towards Income Tax saving related advisory. This fee would be increased after every 3 years by 15%.

      Users can avail services offered by Site, free of any charges upto 16 May 2023, after which the above-mentioned fee-charges would be applicable and recoverable at the start of the year.

    8. Registered Users, who are NPS subscribers being serviced by StockHolding as POP, authorize Auto-debit of their bank account towards recovery of the Fee-charges mentioned in point vii above.
    9. StockHolding is not responsible for the availability of content or other services on third party sites linked from Site. User agrees and is aware that access of hyperlinks to other internet sites are at user's own risk and the content, accuracy, opinions expressed, and other links provided by these sites are not verified, monitored or endorsed by StockHolding in any way. StockHolding 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 websites.
    10. StockHolding has the absolute discretion to amend or supplement any of the StockHolding website Terms at any time without prior notice for such changes. Any such amendment shall be effective immediately. It shall be User's responsibility to review these Terms and Conditions periodically for any updates/changes.
    11. Mere use of the Website, shall be construed as your intent to contract with us and shall constitute your binding obligations, with us.
    12. User understands that it is user's responsibility to check the StockHolding website Terms carefully before accessing or using or transacting on our website.
    13. As long as User complies with these Terms and Conditions, we grant user a personal, non-exclusive, non-transferable, limited privilege to enter and use Site. User acknowledges and understands that use of Site shall be at your own risk and has the discretion of not using Site.
    14. StockHolding shall not be liable if any transaction does not fructify or may not be completed or for any failure on part of StockHolding to perform any of its obligations under these terms and conditions or those applicable specifically to its services/facilities if performance is prevented, hindered or delayed by a Force Majeure event and in such case its obligations shall be suspended for so long as the Force Majeure event continues. Moreover, StockHolding would not be liable for any delay or failure or error in mutual fund transactions arising from third-party service-providers'.
    15. All information, content, materials, products (including, but not limited to text, content, photographs, graphics, video and audio content) on the StockHolding website is protected by copyright in the favour of StockHolding under applicable copyright laws and is also protected otherwise under general intellectual property law.
    16. All information submitted by user to StockHolding whether through the StockHolding website or otherwise shall be deemed to be the property of StockHolding, and StockHolding shall be free to use any ideas, concepts, know-how or techniques provided by such users at the StockHolding website, in any manner whatsoever.
  3. Availing of Services

    Service(s) shall be availed in accordance with the Terms and Conditions mentioned herein .

  4. Registration of the User

    Access to the Advisory services, provided by Site shall be granted by StockHolding only to registered users on Site.

    User shall provide the required details and the documents for the purpose of the registration and enrolment:

    1. For the purpose of registering on Site, User shall furnish following information :
      1. Name, Email address and Mobile number.
      2. Permanent Retirement Account Number or PRAN assigned upon opening NPS account
      3. Date of Birth, Date of joining NPS and Occupation
  5. Link to Third Party

    StockHolding may provide you links to third party services ("Third Party Services"). You agree to use the Services at your sole risk and that StockHolding shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. User understands that certain Services may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third party websites. By using the Third Party Services, you acknowledge and agree that StockHolding is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. STOCKHOLDING DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD PARTY SERVICES, THIRD PARTY MATERIALS OR WEB SITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD PARTIES.

  6. Fees and Charges

    For the Services offered by Site as mentioned in 2 vi above, StockHolding would charge fees, While adhering to PFRDA prescribed Retirement Adviser Fee charges.

    StockHolding would charge Retirement advisory fees from subscribers availing NPS Robo advisory, as follows :

    (a) Advisory fee charges of Rs 100 per annum,

    (b) Subsequent transaction charges of Rs 100 per annum.

    This fee [i.e. (a) & (b) ] would be subject to Revision, as per PFRDA prescribed Fees for Retirement Adviser.

    Additionally, StockHolding would charge a fee of Rs 100 per annum towards Income Tax saving related advisory. This fee would be increased after every 3 years by 15%.

    Users can avail services offered by Site, free of any charges upto 16 May 2023, after which the above-mentioned fee-charges would be applicable and recoverable at the start of the year.

    Users can close their registered account by sending an email to Yogesh.singh@stockholding.com, while mentioning their login ID & PRAN. Please mention "Closure of NPS Advisory account", in the subject of your Email. After account closure, StockHolding would not charge any fees subsequently.

    User acknowledges that StockHolding reserves the right to charge a different fees in the future for the Services offered by StockHolding. Any such changes will be communicated by StockHolding via email 30 days ahead of implementation, and will be displayed on the StockHolding website. Under such circumstances or even otherwise, user has the option to close their account , by sending an email for account closure to the email id mentioned on Site.

  7. Liability of STOCKHOLDING
    1. StockHolding shall not, in absence of "gross negligence or bad faith on the part of StockHolding", be liable to user for any act, omission or delay by the mutual fund or for any claims which user may suffer or incur as a result of or in course or discharge by StockHolding or its employees, officers, directors, nominee or agent of StockHolding's duties. Without prejudice to the above, StockHolding shall not be held liable for any loss or damage or failure to comply or delay in complying with its obligations under these Terms and Conditions which is caused directly or indirectly by any event or circumstances beyond StockHolding's reasonable control. These include system failure, network errors, delay or loss of data due to the above and in circumstances of acts of God, floods, epidemics, quarantine, riot, civil commotion and/or war.
    2. User further agrees that StockHolding shall not be held liable for any losses, damages, expenses, costs, liabilities and claims of whatsoever nature caused by fraudulent or unauthorized use or access of user information and/or signatures.
    3. StockHolding will not be liable for any loss, damage, cost, charges or expenses directly or indirectly caused by reasons of any defects or imperfections or mechanical or other failure with relation to computer, cable, telex, telephone or postal system. While StockHolding will make every effort to have its computer systems available at all times, StockHolding makes no guarantees with respect to the availability of such systems. StockHolding will make every effort to resolve availability issues such as network problems, virus attacks etc. in an expeditious manner. Notwithstanding these, StockHolding will as such not be liable for any loss, damage, cost, charges or expenses directly or indirectly caused by reasons of lack of such availability.
    4. StockHolding shall act in good faith and exercise due care and judgement in rendering the Services from Site , i.e. "Retirement advice, Income Tax saving advice and other services". The User agrees to indemnify StockHolding and all it's directors, employees, representatives from and against all and any liabilities, losses, damages, penalties, obligations, suits, judgements, costs of any kind, arising from the performance of this agreement ; unless gross negligence or bad faith can be proven.
  8. Online Payment - Payment Gateway Terms

    The funds transfer towards Fees charged by StockHolding's in respect of the Advisory services rendered by it's Site, will be done by using Third Party Payment Gateway facility service provider registered with the Reserve Bank of India. Users shall utilize the Electronic Payment Gateway at their own risk. StockHolding, disclaims all liability and responsibility for any claims, losses, damages, costs of what so ever nature arising due to User's use of the payment gateway.

  9. Notices / Correspondence

    Any notice or other correspondence addressed by StockHolding to user may be addressed to the email address provided by the user at the time of enrolment. User can write to StockHolding at the email address mentioned on Site.

  10. User Grievance

    User can record their Grievance on Site, while mentioning their PRAN.

  11. Termination of the Services

    In case the user violates this agreement, or any local or international laws, StockHolding may, at any time and at its sole discretion, terminate the user's StockHolding account and/or prevent user from accessing Site and/or Services at any time and at its sole discretion.

    User is free to stop using StockHolding and/or terminate their account with StockHolding at any time, by sending an email to this effect with the Subject : Account closure, to the email id mentioned on Site. Please refer to our Privacy Policy, to understand how we treat information you provide to us after you have stopped using our Services.

  12. Governing Law

    All disputes shall first be attempted to be settled amicably. In case such settlement fails, the dispute shall be referred to arbitrations by a sole Arbitrator who shall be appointed by the Company. The venue shall be Mumbai and the provisions of the (Indian) Arbitration and Conciliation Act, 1996, shall govern the arbitral proceedings.

    In case of failure of Arbitration, all disputes and differences arising out of, under or in connection with these terms and conditions or anything done hereunder shall be within the exclusive jurisdiction only to the courts of Mumbai. These terms and conditions are subject to and shall be construed in accordance with the laws prevalent in India.

  13. Unenforceability

    In the event that any provision of these terms is held unenforceable, the validity or enforceability of the remaining provisions will not be affected, and the unenforceable provision will be replaced with an enforceable provision that comes closest to the intention underlying the unenforceable provision. Other agreements may apply to specific products and services offered through Site. The terms of the Client Agreement and any other agreements applicable to a specific product or service supersede these terms. We may change these terms at any time without notice, and any such change will be effective immediately. Section headings are for convenience only.

  14. Miscellaneous

    You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with Site. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. You and StockHolding agree that these Terms and Conditions are the complete and exclusive statement of the mutual understanding between you and StockHolding, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms and Conditions.

    IF USER DOES NOT ACCEPT AND ABIDE BY THESE TERMS, USER MUST NOT USE THE WEBSITE.

  15. TERMS AND CONDITIONS FOR USAGE OF PORTAL
    1. You acknowledge to have read and understood the Terms and Conditions contained herein and agree to be legally bound by them at all times by transacting through the portal. All transactions done through the portal shall at all times be bound by the terms and conditions contained herein. Your continued usage of the portal shall at all times be deemed to be your acceptance of the terms and conditions contained herein.
    2. StockHolding reserves the right to change the Terms and Conditions at any time, without notice, and the revised Terms and Conditions shall be posted on the portal from time to time. Your continued usage of the portal shall at all times be deemed to be your acceptance of the terms and conditions as may be in force.