Ottenn

These terms of use (“Terms and Conditions”) govern the terms on which users (“You” or “Your” or “User”) access and register on the mobile application Ottenn (Website: www.ottenn.com) operated and managed by Ottenn Fintech Private Limited (“Company” or “We” or “Us”), collectively referred to as “the Platform.”

Please read these Terms of Use and the Privacy Policy carefully before registering on the Platform or accessing any material or information through the Platform. The Company reserves the unconditional right to modify or amend these Terms of Use without any obligation to notify You of the same. You can determine when these Terms of Use were last modified by referring to the “Last Updated” legend above. It is Your responsibility to check these Terms of Use periodically for changes. Your acceptance of the amended Terms of Use shall signify Your consent to the changes and Your agreement to be legally bound by the same.

Platform Services

You acknowledge that the Platform is a web service that allows You to avail the services directly from the Company, Ottenn Fintech Private Limited (“Ottenn”), including their products and services, and facilitate communication with them for such services, as well as other mutual fund and general investment-related information. The Company hereby grants You a limited, non-exclusive, non-transferable, royalty-free license to use the Platform for the purpose of availing services from Ottenn, collectively hereinafter referred to as (the “Platform Services”).

Ottenn’s Services
Use of the Platform for facilitating subscription and redemption of mutual fund units and stocks by transmitting money and instructions to the relevant asset management company (“AMCs”), as per Your instructions; Maintain a record of Your personal information and financial transactions in a secure and confidential manner; and Promptly and efficiently respond to Your queries relating to Your Account.

Ottenn is an AMFI registered mutual fund distributor. It is hereby clarified that the Company is not rendering the services of mutual funds directly; it is merely providing a platform to its users for Ottenn to facilitate the transaction of investments in mutual funds and stocks. If You buy a regular mutual fund on the Platform, Ottenn receives commissions from AMCs, details of which have been provided on the Platform. The default mutual funds available on the Platform are direct mutual funds, whether or not Ottenn receives any commissions. Please note that Ottenn only facilitates the sale of direct mutual funds through the Platform and will not be liable in any manner with respect to the mutual fund units allotted to You by the AMC.

Ottenn does not, and is not obliged to, offer all mutual fund schemes for investment or investment advisory services. By limiting the number of schemes on the Platform, neither the Company nor Ottenn makes any representation as to the quality, bona fides, or nature of any AMC or mutual fund scheme, or any other representation, warranty, or guarantee, express or implied, in respect of such mutual fund schemes. You hereby agree and acknowledge that the data and information provided on the Platform does not constitute advice of any nature whatsoever, and shall not be relied upon by You while making investment decisions. You shall be solely responsible for any investment decisions and for the purchase of any mutual funds on the Platform. In no event shall the Company and/or Ottenn be liable to You for any loss or damage that may arise from or in relation to these Terms of Use and/or due to use of this Platform or investments made using this Platform.

As part of the Platform Services provided to You, after availing such services, You agree to provide honest feedback/review about the concerned Platform Service, if required by the Company or Ottenn.

In case of any dissatisfaction with the Platform Services, You shall first file a formal complaint with the customer service of the Company and/or Ottenn, as applicable, prior to pursuing any other recourse. The complaints can be lodged at support@ottenn.com, and upon lodging a complaint, You agree to provide complete support to the customer service team with such reasonable information as may be sought by them from You. The decision of the Company and/or Ottenn, as applicable, on the complaints shall be final, and You agree to be bound by the same.

Use of the Platform

Subject to Your compliance with these Terms of Use, Ottenn Fintech Private Limited ("Company" or "Ottenn") hereby grants You a non-exclusive, limited privilege to access and use this Platform. You agree to use the Platform only: (a) for purposes that are permitted by these Terms of Use; and (b) in accordance with any applicable law, regulation, or generally accepted practices or guidelines.

You agree that You shall not copy, reproduce, sell, redistribute, publish, enter into a database, display, perform, modify, alter, transmit, license, create derivatives from, transfer, or exploit any part of any information, content, materials, or services available through the Platform, except that You may download the Platform for Your own personal, internal use and non-commercial use.

You agree that You will not use the Platform in any manner or engage in any activity that may damage, disable, impair, or adversely affect the use of the Platform or interfere with any other users’ use, legal rights, or enjoyment of the Platform. You also agree not to remove any text, copyright, or other proprietary notices contained in the content downloaded from the Platform.

Additionally, You undertake not to:
Defame, abuse, harass, threaten, or violate the legal rights of others;

Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful material or information;
Copy, republish, post, display, translate, transmit, reproduce, or distribute any content on the Platform through any medium without obtaining necessary authorization from Ottenn;
Conduct or forward surveys, contests, pyramid schemes, or chain letters;
Upload or distribute files that contain software or other material protected by intellectual property laws unless You own or control the rights to them or have obtained all necessary consents;
Upload or distribute files containing viruses, corrupted files, or any other software or programs that may damage the operation of the Platform or another person’s computer;
Engage in any activity that interferes with or disrupts access to the Platform or any servers and networks connected to the Platform;
Attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, or to any of Ottenn’s servers, by hacking, password mining, or any other illegitimate means;
Probe, scan, or test the vulnerability of the Platform or any network connected to the Platform, or breach the security or authentication measures of the Platform or any connected network;
Reverse look-up, trace, or seek to trace any information on any other user of the Platform to its source or exploit the Platform or information made available on the Platform in any way, including revealing personal identification information, other than Your own, as provided on the Platform;
Disrupt or interfere with the security of the Platform, systems, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated sites;
Collect or store data about other users in connection with prohibited conduct and activities;
Use any device or software to interfere or attempt to interfere with the proper functioning of the Platform, any transaction being conducted, or another person’s use of the Platform;
Use the Platform or any material for any unlawful purpose or prohibited activity or solicit the performance of any illegal activity or activity that infringes the rights of Ottenn or third parties;
Falsify or delete author attributions, legal notices, or proprietary labels or designations of software or other materials contained in a file uploaded to the Platform;
Violate any applicable laws, regulations, or privacy rights; or
Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
By using this Platform, You acknowledge and agree to comply with the above guidelines and refrain from engaging in any unauthorized use of the Platform.

Intellectual Property Rights

The Platform and all information, content, materials, products, including, but not limited to, text, content, photographs, graphics, videos, audio content, and computer code (“Content”) on the Platform, are owned and controlled by Ottenn Fintech Private Limited (“Company” or “Ottenn”). The design, structure, selection, arrangement, and feel of the Content are protected by copyright, patent, trademark laws, and other intellectual property rights, either in favor of the Company, Ottenn, or third parties from whom the appropriate permissions have been obtained under applicable laws.

The trademarks, logos, and service marks displayed on the Platform (“Marks”) are the property of the Company, its affiliates, or other respective third parties, as the case may be. You are not permitted to use the Marks without the express prior written consent of the Company or the third party that owns the Marks.

Further, You understand and accept that all information, except for Your personal information and other data submitted by You for the purposes of transacting on the Platform, shall be deemed the property of the Company. The Company shall be free to use any ideas, concepts, know-how, or techniques provided by You on the Platform in any manner whatsoever. By initiating contact or submitting a query through the Platform, You agree to be contacted by Ottenn or any other entities with whom the Company has entered into arrangements to provide Services to You.

Disclaimer of Warranties, Indemnification and Limitation of Liability

You expressly understand and agree that, to the maximum extent permitted by applicable law, the Platform and other Content are provided by Ottenn Fintech Private Limited (“Company” or “Ottenn”) on an “as is” basis without warranty of any kind, express, implied, statutory, or otherwise, including the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing, the Company makes no warranty that:

(i) the Platform or Platform Services will meet Your requirements or that Your use of the Platform will be uninterrupted, timely, secure, or error-free;
(ii) the results that may be obtained from the use of the Platform will be effective, accurate, or reliable;
(iii) any errors or defects in the Platform will be corrected

No advice or information, whether oral or written, obtained by You from the Company shall create any warranty not expressly stated in these Terms of Use.

The Company will have no liability related to any User Content arising under intellectual property rights, libel, privacy, publicity, obscenity, or other laws. The Company also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content. Further, the Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform or Platform Services, either with or without Your knowledge.

The Company and its affiliates have endeavored to ensure that all the information on the Platform is correct, but the Company and/or its affiliates neither warrants nor makes any representations regarding the quality, accuracy, or completeness of any data, information regarding the Platform Services, or otherwise. The Company shall not be responsible for any delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities, and related graphics obtained through the Platform. Further, the Company shall not be held responsible for the non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform due to technical reasons or for any reason beyond the Company’s control.

You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.

You acknowledge that the software and hardware underlying the Platform, as well as other internet-related software required for accessing the Platform, are the legal property of their respective vendors. The permission given by the Company to access the Platform does not convey any proprietary or ownership rights in the above software/hardware to You.

Please note that not all the Platform Services are available in all geographical areas. Depending on Your location, You may not be eligible to avail of certain Platform Services offered by the Company. The Company reserves the absolute right to determine the availability and eligibility for any of the Platform Services offered on the Platform.

The Company is not responsible for the availability of content or other services on third-party sites linked from the Platform and urges You to read the terms of use of the respective third-party sites before accessing or registering with any of such sites. The Company expressly disclaims all warranties and does not make any warranties regarding the merchantability or fitness for a particular purpose, title, or non-infringement of any third-party websites.

The Company shall not be liable for failure or error of any transaction on the Platform or for any failure on part of the Company to perform any of its obligations under these Terms of Use if performance is prevented, hindered, or delayed by a Force Majeure event. A “Force Majeure Event” includes any event beyond the reasonable control of the Company, such as unavailability of communication systems, sabotage, fire, flood, explosion, civil commotion, strikes, riots, war, acts of government, unauthorized access to computer data, hacking, or technical errors.

You will not dispute or hold Ottenn Fintech Private Limited responsible for :
(i) Any act that is not an obligation of the Company under these Terms of Use;
(ii) Any disclosures made by the Company to a statutory body under any law;
(iii) Any loss incurred by You due to delays at the bank, AMC, registrar and transfer agency;
(iv) Rejection of Your instructions by the bank, AMC, or other agencies; and
(v) Processing of instructions authenticated by Your login credentials, non-availability or non-accessibility of the Platform, or circumstances beyond the Company's control.

You agree to indemnify the Company, its directors, and employees from any losses, damages, penalties, claims, costs, and demands (including reasonable attorney fees) arising from breach of these Terms of Use, misrepresentation of the data provided by You, Your violation of the Terms of Use, or violation of any rights of another. In no event shall the Company or its affiliates be liable for any special, incidental, indirect, or punitive damages arising from Your use of or access to the Platform or Content on the Platform.

You warrant that all the details and information provided by You to the Company are accurate and genuine. You further warrant that providing such details shall not violate any third-party rights or intellectual property rights.

You acknowledge and agree that while creating a mutual fund Portfolio on the Platform, if You opt to make it visible to other users, it can be copied or used by the Company, ottenn, or other users. You shall not claim any royalties or financial benefits from the Company or users for using the Portfolio. You further acknowledge that the Company and/or ottenn shall have the right to adopt or copy the Portfolio for both commercial and non-commercial use.

You shall be solely responsible for any investment decisions made based on the Portfolio created or analyzed through the Platform, and the Company and/or ottenn shall not be liable for any losses caused by such decisions.

Eligibility to Use

By accepting these Terms of Use, You hereby represent and warrant that:

Age Requirement :
You are at least 18 (eighteen) years old, or if You are acting as a guardian on behalf of a minor, You have the necessary authority to register/sign up on the Platform and avail the Services on behalf of the minor.

Legal Competency : You are of legal age to form a binding contract, are not a person barred from receiving the Platform Services under applicable laws, and are competent to enter into a binding contract. The Company reserves the right to refuse access to the Platform to new Users. Any User who has been suspended or removed by the Company for any reason shall not be entitled to avail the Platform Services.
Compliance with Terms : You agree to abide by these Terms of Use, including any offer documents, investor application forms, demat account opening forms, Risk Disclosure documents, and any other information provided by You on and through the Platform for the provision of Platform Services.
Source of Investment : The money You invest is from Your own bank account (or, in the case of a joint Investment Account, from the primary holder’s bank account), and the funds are from legitimate sources and remitted through approved banking channels.
Account Transfer Prohibition : You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purpose of creating an account with the Platform.
Informed Investment Decisions : You agree to make informed, independent investment decisions by reviewing the offer documents of the mutual fund schemes in which You are investing.
Independent Advice : Before making any investments, You shall seek independent financial planning, legal, accounting, tax, or other professional advice if required.
User Account, Password, and Security : To access the Platform Services and manage Your account on the Platform (“Account”), You will need to register by providing details including, but not limited to, mobile number, mother’s name, father’s name, email address, password, date of birth, gender, Permanent Account Number (PAN), signature, marital status, nominee details, cancelled cheque, photograph, video recording, and any other information as required by the Company from time to time. Your Account will be activated once the Company undertakes Your Know Your Client (KYC) verification in accordance with the guidelines issued by the Securities and Exchange Board of India (SEBI), based on the personal information provided by You.

Additionally, You may be asked to provide certain financial information, including Your billing address, bank account details, credit card number, expiration date, or other payment-related data, and debit instructions or standing instructions to process payments for the Platform Services. The Company may request additional information about You on a case-by-case basis. You must ensure that the information provided for Your Account is complete, accurate, and up-to-date. In the event of any change to Your Account information, You must promptly update it on the Platform.

If You provide any information that is untrue, inaccurate, outdated, or incomplete (or becomes untrue, inaccurate, outdated, or incomplete), or if the Company has reasonable grounds to suspect such information is untrue, inaccurate, outdated, or incomplete, the Company reserves the right to suspend or terminate Your Account and refuse any current or future use of the Platform (or any portion thereof) at its discretion. This is in addition to any legal action that the Company may take against You for misrepresentation of information.

You are responsible for maintaining the confidentiality of Your Account information and are fully responsible for all activities that occur under Your Account. You agree to keep Your login credentials secure and confidential at all times. If You suspect any unauthorized use of Your Account, You must promptly change Your login credentials and inform the Company immediately.

The Company is not liable for any loss or damage arising from Your failure to comply with these security measures. You may be held liable for any losses incurred by the Company or other users due to the authorized or unauthorized use of Your Account as a result of Your failure to maintain the confidentiality of Your Account information.

Violation of the Terms of Use

You acknowledge that any violation of these Terms of Use by You will constitute an unlawful and unfair business practice, causing irreparable harm to the Company and/or Ottenn Fintech Private Limited. Such harm would be difficult to remedy with monetary damages alone. You agree that the Company may seek injunctive or equitable relief that it deems necessary or appropriate in such situations, in addition to any other remedies available at law or in equity.

In the event the Company takes legal action against You for violating these Terms of Use, You agree to pay all reasonable attorney fees and costs incurred by the Company in pursuing such action. This is in addition to any other relief that the Company may be granted by a court of law.

Suspension and Termination

The Terms of Use will remain in effect until terminated by either You or Ottenn, as set forth below. If You disagree with the Terms of Use or are dissatisfied with the Platform, Your only recourse is to (i) close Your Account on the Platform; and/or (ii) stop accessing the Platform.

In the event that You violate these Terms of Use or any applicable laws, Ottenn may, at its sole discretion, terminate Your Account and/or prevent You from accessing the Platform and/or Platform Services.

Ottenn may delist You, block Your future access to the Platform, or suspend or terminate Your Account if it believes, in its sole and absolute discretion, that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use, or have otherwise acted unethically.

Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until Ottenn chooses to terminate them. If You or Ottenn terminate Your use of the Platform, Ottenn may delete any Content or other materials related to Your Account, and Ottenn will have no liability to You or any third party for doing so. However, Your transaction details may be retained by Ottenn for tax or regulatory compliance purposes.

Ottenn, in consultation with its partners, may modify these Terms of Use at any time.

Refund policy

The transactions on the Platform with respect to the Platform Services will be completed only after successful transfer of money from Your registered bank account to the relevant AMC. Please note that the mutual fund and the stock will be credited to Your Account within 2 (two) days from the date of successful transfer of such amount. You hereby agree and acknowledge that the transactions on the Platform once completed cannot be cancelled by You. With respect to investments in mutual funds and stocks, in case of successful transfer of money from Your account registered with the AMC, however, any failure to reflect the mutual fund in the Account, the money would be refunded to Your registered bank account within the relevant time period agreed with the AMC and ottenn shall not be responsible for the same.

Governing Laws

The Terms of Use shall be governed and construed in accordance with the laws of India, without reference to conflict of laws principles. All disputes arising in relation to these Terms of Use shall be subject to the exclusive jurisdiction of the courts in Gujarat.

SEBI Caution

Investment in the securities market (including mutual fund investments) are subject to market risks, please read all investments, offer and scheme-related documents carefully, before investing. For the purposes of these Terms of Use, the term “Offer Document(s)” shall refer to a collective term for Offer Document, Scheme Information Document, Statement of Additional Information, Key Information Memorandum, issued by the Asset Management Company that manages the mutual fund.

Report Abuse

In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Platform, please report the same to the following e-mail ID: support@ottenn.com.

Communications

You hereby expressly agree to receive communication (including transactional messages) via SMS and/or E-mail or through WhatsApp from the Company, Ottenn Fintech Private Limited, or any third party in connection with the Platform Services or Your registration on the Platform. You can unsubscribe/opt-out from receiving communications through SMS and e-mail at any time by visiting support@ottenn.com.

WhatsApp Groups

The Company reserves the right to create WhatsApp groups (“Groups”) through its representatives (hereinafter referred to as “Group Admin”) who are expressly authorized to control, monitor, and administer the Groups on its behalf. The usage, membership, and participation in the Group are subject to the following terms and conditions:

You shall not

Use the Groups for circulating, uploading, transmitting, or otherwise making available any unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of privacy, hateful, racially or ethnically offensive, or otherwise objectionable content.

Stalk, harass, threaten, or harm another user within the Groups.
Engage in copyright infringement, intellectual property infringement, or disclose any trade secret or confidential/personal information in violation of confidentiality agreements.
Post, send, transmit, or otherwise make available any unsolicited or unauthorized advertisements, promotional materials, junk mail, spam, or chain letters, including bulk commercial ads or informational announcements.
Upload, post, email, transmit, store, or otherwise make available any material containing viruses or any harmful computer code, files, or programs.
Interfere with or disrupt the Group services or violate any applicable laws.
Circulate or post jokes, poems, or religious/political views.
Impersonate or misrepresent yourself as another person, entity, or participant (including celebrities or representatives of Ottenn).
The Group Admin reserves the right, at its sole discretion, to determine whether any content posted within the Group is appropriate and in compliance with these Terms of Use. The Group Admin also reserves the right to remove any participant/member from the Group if they find content to be objectionable, inappropriate, or violating these Terms of Use. The participant agrees that any actions taken by the Group Admin (such as removal from the Group) shall not be considered defamatory or grounds for dispute.

The Group shall be used solely for communication and group chats relating to financial investments and products. Any views or comments posted by participants (including recommendations for investment or disinvestment in financial products) are solely those of the participants and do not represent the views of the Group Admin, Ottenn, or any related entities.

Participants acknowledge that they must verify any views/comments or suggestions made in the Groups, including investment advice, and make their own independent assessment before making any financial decisions. Investment in mutual funds, stocks, or other financial products is subject to market risks, and participants are advised to read all related documents carefully before making any decisions.

Indemnity and Liability

You agree to defend, indemnify, and hold harmless the Group Admin, the Company (Ottenn), its affiliates, subsidiaries, officers, employees, agents, partners, and licensors from any claim or demand, including reasonable attorney's fees, arising from:

Any content You submit, post, transmit, or otherwise make available in the Groups.

Your use of the Groups.
Any violation by You of these Terms of Use.
This indemnification obligation survives the termination or expiration of these Terms of Use or termination of your usage of the Groups.

Use of Personal Information

By participating in the Groups, you consent to the use of your personal information, including your mobile number, by the participants, Group Admin, the Company (Ottenn), or Spenny for communication purposes. You further consent to communications via SMS, text messages, or voice calls being transactional and not unsolicited commercial communications as defined under applicable laws, including guidelines from the Telecom Regulatory Authority of India (TRAI).

Any content You submit, post, transmit, or otherwise make available in the Groups.

Your use of the Groups.
Any violation by You of these Terms of Use.
This indemnification obligation survives the termination or expiration of these Terms of Use or termination of your usage of the Groups.

Posts

The Company and/or Ottenn may provide and display content on the Platform, including specific articles or write-ups by third parties related to mutual funds and stocks. You hereby agree and acknowledge that such content displayed on the Platform does not represent the views and/or recommendations of the Company and/or Ottenn. You are required to read all documents carefully before making any investment in mutual funds and/or stocks.
You may also be allowed to post and comment on such content on the Platform. By doing so, You undertake to ensure that your comments will not be offensive and will comply with applicable laws. All material added, created, submitted, or posted to the Platform by You is Your sole responsibility.

The Company and/or Ottenn reserves the right to review any information provided or data uploaded by You on the Platform and to delete any information/data that is inconsistent with these Terms of Use.

General Provisions Notice

All notices from the Company will be served by email to your registered email address or by general notification on the Platform. Any notice provided to the Company pursuant to the Terms of Use should be sent to support@ottenn.com with the subject line – Attention: TERMS OF USE.

Assignment : You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. The Company’s rights under the Terms of Use are freely transferable by the Company to any third party without the requirement of seeking your consent.
Severability : If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.
Waiver : Any failure by the Company to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by the Company of that provision or right.
IP Infringement : If You believe the Platform violates your intellectual property, You must promptly notify the Company in writing at support@ottenn.com. These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform.

You are required to provide the following details in Your notice :
The intellectual property that You believe is being infringed.

The item that You think is infringing, including sufficient information about where the material is located on the Platform.
A statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform.
Your contact details, such as your address, telephone number, and/or email.
A statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed.
Your physical or electronic signature.