Policies

We suggest you go through our policies carefully, and keep visiting for updates.

PRIVACY POLICY

DIVINE CAPITAL a financial company having registered office at 124,NIKALAS BUSINESS CENTER, RAMDASPETH , referred to as "Company," owns and operates the web platform https://divinecapital.investwell.app and the mobile application DIVINE CAPITAL (collectively referred to as the "Web/App Platform"). When you use the Platform or obtain services through it, you are referred to as "You" or "Your." The Company, along with its group companies, affiliates, and subsidiary companies, is committed to safeguarding Your privacy and the information You share while using and operating the Platform. We maintain the highest security standards to secure Your information and transactions.

Our technology partner companies, affiliates, and subsidiary companies such as Excel Net Solutions Pvt Ltd may manage the Platform under the applicable https://excelnet.my-portfolio.in/policies.aspx?activeTab=Privacy&mintSubDomain=divinecapital . specified on the Platform from time to time.

This Privacy Policy outlines how the Company collects, receives, stores, processes, discloses, transfers, and handles personal data and other information. This Privacy Policy does not apply to information that You provide to or that is collected by any third-party (excluding the group companies, affiliates, and subsidiary companies) through the Platform, and any Third-Party Sites that You access or use in connection with the services offered on the Platform.

Before using or registering on the Platform or accessing/availing of the services made available on the Platform, in relation to mutual fund distribution, stockbroking services, investment advisory services, and KRA/KYC verification ("Services"), please read the Privacy Policy carefully.

By visiting the Platform, You accept and agree to be bound by the terms and conditions of this Privacy Policy. This Privacy Policy is incorporated into and subject to the Terms of Use of the Platform, which should be read harmoniously and in conjunction with the Privacy Policy.

We gather and create a variety of data points related to you, with the information that identifies you referred to as "Personal Data." However, this term commitment does not include information that is publicly available or easily accessible. We place great importance on your privacy and are dedicated to safeguarding your Personal Data as a crucial part of our commitment to you.

1. Pre-registration

To access all sections and features of DIVINE CAPITAL App/Portal, registration or disclosure of personal information is required. Upon downloading and installing the app, anonymous visitor data such as usage patterns are collected by us. This data is combined with data from other visitors and used to gain insights and monitor usage of the app only in the areas where our services are currently offered.

2. Registration

In order to use the DIVINE CAPITAL application, you will need to create a registration account and provide a set of Login Credentials comprising a Username and Password.

3. Investment

In order to avail our investment services and begin investing, you will need to furnish us with some more information, including but not limited to:
  • Contact information like your name, father's name, age, email address, etc.
  • Demographic data like your mailing address, pin code, etc.
  • Bank account details with which you intend to invest.
  • Any other documentation required under KYC regulations, such as PAN card details, Aadhar Number, etc.
  • Together, this information is referred to as your "Registration Information".

In order to confirm that the bank account belongs to you, we will require photographic proof of your bank account such as an image of the first page of the passbook or any cancelled cheque.

If you wish to monitor your investments made outside of DIVINE CAPITAL, we will need your Email Id registered with the mutual fund folios. This Email Id will be used to generate and send your mutual fund account statements to your inbox.

In order to provide you with seamless access to your investment information, our systems automatically read your email with the subject "CONSOLIDATED ACCOUNT STATEMENT - CAMS/KARVY Mail back Request". This information is then displayed on the app for you to track. Please note that we only read and open emails with this specific subject and assure you that we do not access any other emails. However, if you prefer not to share your mutual fund registered email with us, you can manually upload your investment-related information on our application to access our services and keep track of your investments made outside our platform.

We adhere to the provisions of relevant laws in India, such as the Information Technology Act 2000 and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, to safeguard the confidentiality of your Personal Data.

DIVINE CAPITAL is a registered Investment Advisor and serves as an intermediary for providing Investment Advisory and Investment Execution services. To facilitate this, we are required to complete your KYC (know your clients) as per the regulations set by the government and other legal agencies. In this process, your information may be shared, verified, or updated with the respective regulatory agencies in accordance with the applicable regulations at that time. Additionally, for executing investments, your information may be provided to Asset Management Companies, Registrar and Transfer Agents, KYC Registration Agencies, and the Central KYC Registry in compliance with the regulations. Please note that any information shared with such third-party service providers/agencies will be subject to their respective terms and conditions and privacy policies/privacy.

The Personal Data we may collect from you includes:
  • Personal details like name, contact details, residential address, date of birth, identity card/passport/Aadhaar/PAN/Voter ID/driving license, and educational details that you provide us to avail various services.
  • Your transaction history, balances, and payment details to facilitate transfer of money through payment channels provided by National Stock Exchange Mutual Fund Platform/Bharat Stock Exchange Star Mutual Fund Platform/MFU.
  • Financial details such as income, bank accounts, mandates may be required to place orders on BSE/NSE/MFU.
  • Images of documents/photos to provide our products/services.
  • Employment details like occupation, positions held, employment history, salary, and benefits may also be collected for record retention purposes or as required under applicable law including Prevention of Money Laundering (Maintenance of Records) Rules, 2005.
  • Your specimen signature or consent to process your instructions received through our payment and delivery channels.
  • Your opinions provided by way of feedback or responses to surveys or risk profilers, and information obtained from your mobile device like device location, device information (including storage, model, OS version), app notifications, etc., may also be collected.

You hereby agree that we may fetch or update your personal details from government agencies or regulated authorities like KYC Registration Agency's, Central Registry of Securitisation Asset Reconstruction and Security Interest, Asset Management Company's, Registrar and Transfer Agency's, etc.

Your Personal Data is stored and processed exclusively within India by us. Our data center and systems are equipped with backup and disaster recovery mechanisms located in India.

We are committed to protecting the privacy of your Personal Data and will not share it without your consent. We may explicitly seek your consent to use or share your Personal Data in various processes, applications, or product offerings. In our business and operational processes, we share data only on a partial and "need-to-know" basis with designated personnel, partners, or service providers. However, we may share your data with competent legal, statutory, regulatory agencies, authorities, partners, or service providers acting on our behalf in the following cases:

  • Only to enable the delivery of the products or provision of the services that you have availed of, strictly on a "need-to-know" basis and subject to applicable laws.
  • When it is directed or required by legal, regulatory, statutory, or governmental authorities under applicable laws or regulations through a legally obligated request.
  • When it is required by financial institutions to verify, mitigate, or prevent fraud or to manage risk or recover funds in accordance with applicable laws or regulations.

When investing through the DIVINE CAPITAL Platform & App, which acts as an intermediary, you also become a customer of the Asset Management Companies (AMCs). Your personal and investment information may be accessible to the AMCs, Registrar and Transfer Agents (RTAs), and their service providers. Please note that DIVINE CAPITAL does not have any authority over how they use this information.

We may utilize your Personal Data in our business operations to provide our or our partners’ products or services, subject to applicable laws. This includes the following actions:

  • Facilitating transactions or reporting on them .
  • Conducting research and analytics to offer or improve our services' security and quality .
  • Processing your requests for products/services or any instructions/requests received from you .
  • Sharing updates with you regarding changes to the products/services and their terms and conditions .
  • Investigating any complaints/claims/disputes .
  • Responding to your queries or feedback .
  • Verifying your identity to provide products/services to you .
  • Conducting credit checks, screenings or due diligence checks as required by law .
  • Monitoring and reviewing services from time to time .
  • Conducting financial/regulatory/management reporting and maintaining various risk management models .
  • Conducting audits and keeping records .
  • Offering selective promotions and deals .

Additionally, we use your Personal Data to comply with applicable laws/regulations and/or court orders/regulatory directives received by us.

You have the option to deactivate or delete your DIVINE CAPITAL account at any time by submitting a verification request to DIVINE CAPITAL through its desktop web portal, mobile WAP site, or mobile application, subject to the applicable terms and conditions. Once your account is deactivated or deleted, we will no longer share your data. You can refer to the guidelines given at How to delete your account? However, we will retain your Personal Data for as long as necessary for the purposes for which it was collected, after which it will be disposed of by us, except for any record retention required by applicable laws, including the Securities and Exchange Board of India (Investment Advisers) Regulations, 2013.

Under the PMLA guidelines and Securities and Exchange Board of India (Investment Advisers) Regulations, 2013, transaction logs must be retained for up to five years after account deletion. In the event of any pending legal or regulatory proceedings or receipt of a legal or regulatory directive to retain your Personal Data for a longer period, we may be required to comply with the law and retain your data for an extended period.

We employ various measures and protocols to safeguard your Personal Data from unauthorised access, modification, loss, or disclosure, and prevent its misuse. Our systems utilize the latest encryption technology and access controls to ensure security. Our safety and security procedures are regularly assessed by third-party cybersecurity auditors.

To further protect your account, we have implemented multiple security features, such as the option to log in and log out of the app and enable the AppLock feature. Additionally, we enforce device binding to prevent unauthorised access to your account from different devices without additional authentication or OTP. We strongly advise you not to share your DIVINE CAPITAL login, password, and OTP details with anyone.

If you have any concerns or discrepancies related to your Personal Data, please feel free to reach out to our Compliance Officer by writing to us at the following address:

The Compliance Officer

DIVINE CAPITAL,

124,NIKALAS BUSINESS CENTER, RAMDASPETH

NAGPUR-440010 , Maharashtra

divinecapital36y@gmail.com

We reserve the right to review and update this policy as necessary, and such changes may occur at any time. The most current and up-to-date version of this policy can be found at https://excelnet.my-portfolio.in/policies.aspx?activeTab=Privacy&mintSubDomain=divinecapital. Although we will make reasonable efforts to inform you of any changes to this privacy policy, we suggest that you periodically review this policy to stay informed of any updates.

This Privacy Policy applies equally to DIVINE CAPITAL's desktop Web Portal, mobile application, and mobile WAP site.

Terms & Conditions

As a transparent and ethical company, DIVINE CAPITAL offers its services to users in accordance with a set of terms of use. Prior to utilizing our services, we strongly recommend that you carefully review our terms and conditions.

This is the document that outlines the terms and conditions that govern the use of the DIVINE CAPITAL platform through the Web Portal, which is located at "https://divinecapital.investwell.app", and the Mobile Application DIVINE CAPITAL. The Platform includes any other sub-domain or platform that is developed, managed, owned, or operated by DIVINE CAPITAL or its affiliates. "DIVINE CAPITAL" refers to DIVINE CAPITAL company in this document.

As per the Information Technology Act, 2000, this document is an electronic record generated by a computer system and does not require any physical or digital signature. Your acceptance of these terms and conditions is considered your consent to use the Platform, Services, and products (referred to as "Services" in this document) provided by DIVINE CAPITAL in compliance with the terms and conditions established by DIVINE CAPITAL.

These Terms and Conditions are released in accordance with Rule 3 (1) of the Information Technology (Intermediaries guidelines) Regulations, 2011, which mandates publishing the rules, regulations, privacy policy, and user agreement for any person's access or use of the intermediary's computer resource.

Interpretation

The terms "him," "his," "You," "Your," "Client," "User," "Investor," "I," "Subscriber," and "Customer" refer to individuals who use and access the Services and Products of DIVINE CAPITAL Web Portal/App. These terms include both singular and plural. The Services provided are exclusively for Indian citizens and tax residents of India.

By downloading the App, using the Web Portal's services, or using DIVINE CAPITAL's Services on any other platform managed by DIVINE CAPITAL, you and DIVINE CAPITAL enter into a binding agreement referred to as the "Agreement." By downloading and installing the App or using the Web Portal's services, you acknowledge that you have read, understood, and accepted these terms.

It is important to carefully read these Terms and Conditions as they contain crucial information about the Services that DIVINE CAPITAL will provide to you for your protection. If you do not agree to these terms, do not use the App or the Services provided on the Web Portal or mobile application.

This Agreement may be read in conjunction with our privacy policy or other relevant documents that apply to a specific account, service, situation, circumstance, or transaction.

Any mention of a statute, ordinance, or law includes all regulations, instruments, and amendments that are currently in effect. The headings, bold typing, and italics (if used) are provided for reference purposes only and do not define, limit, or affect the meaning or interpretation of the terms outlined in this document.

In addition to any other specific requirements stated in this Agreement, your use of the App/Web Portal and Services, and your acceptance of these terms, represent that you are over 18 years of age, or have obtained legal parental or guardian consent. Furthermore, you confirm that you are fully capable, aware, and competent to enter into this Agreement, make investment decisions, execute investment transactions, evaluate any advice, and agree to comply with the terms outlined herein.

Through its website and app, DIVINE CAPITAL offers mutual fund investment execution and advisory services. To make investment recommendations, the company uses the information you provide about your investment and risk assessment, and offers one or more suitable Mutual Fund Schemes provided by Asset Management Companies/Mutual Funds. The advice or information displayed on DIVINE CAPITAL is based on data received from third-party providers and the company's understanding of assessing risk and suitability in line with your objectives, profile, and requirements as per the details/information provided by you. It's important to note that while DIVINE CAPITAL offers advisory services, it has not undertaken any regulatory, legal, tax, or accounting analysis relating to the suitability of the products invested by you.

You are free to choose the execution of Mutual Funds you want to invest in, irrespective of whether you have obtained advisory from DIVINE CAPITAL or not. You can also use DIVINE CAPITAL platform or any other platform to make investment when you have received advisory from DIVINE CAPITAL. However, Mere view of certain Mutual Funds information on the App or Website does not amount to advisory.

DIVINE CAPITAL is a mere order collection platform that collects orders on behalf of you and places them for execution with the Asset Management Companies (“AMC”) or its authorized Registrar and Transfer Agent (RTA). The company would not be liable or responsible for any damages regarding non-execution of orders or any incorrect execution of orders with regard to the Mutual fund schemes chosen by you due to, but not being limited to, any link/system failure, or failure at third-party service providers. It is recommended that you seek appropriate professional advice, including tax advice, before dealing with any realized or unrealized gain/loss reflecting in the investments, portfolio, or statement.

DIVINE CAPITAL will maintain a record of your information regarding the services you have or plan to avail through the Platform. To keep the information up-to-date, DIVINE CAPITAL may collect the daily NAV, MF scheme information, and other related details from AMFI website, authorized Registrar and Transfer Agents (RTAs) of AMCs, third-party vendors, or the AMCs themselves. The updated information will be displayed on the Platform at all times, and DIVINE CAPITAL will make best efforts to ensure its accuracy. However, since the information is obtained from a third-party source, DIVINE CAPITAL will not be responsible for any incorrect information on the Platform. To confirm the validity of any information related to mutual fund schemes or your investments, DIVINE CAPITAL recommends that you contact the respective AMCs or their RTAs.

DIVINE CAPITAL leverages third-party service providers' Application Programming Interfaces and portals to enable Mutual fund transactions. The status of the transactions, account opening status, KYC, portfolio, etc., is maintained by DIVINE CAPITAL based on the data provided by the third-party service providers and in accordance with the applicable regulations.

To access and use the services provided by DIVINE CAPITAL, the User must complete the KYC, Investment Readiness, and Information Verification process and provide accurate personal information as per the guidelines of SEBI, AMCs, RTAs, or any other regulatory/government agencies or authorities.DIVINE CAPITAL may process or transfer the User's personal information to third parties such as AMC's, RTA's, KRAs, CERSAI, Statutory Bodies or Agencies, or 3rd party service providers & partners as required to provide the services. By agreeing to these terms, the User consents to the use of their personal information for these purposes, including receiving marketing materials about other products and services. If the User does not agree to these terms, they should not sign up or avail any services offered by DIVINE CAPITAL.

To access the services, the User will need to use the DIVINE CAPITAL user ID and password provided by the company. The User acknowledges that they are solely responsible for safeguarding the confidentiality of their user ID and password, and any disclosure thereof will be entirely at their risk.

The App/Website/Service is strictly prohibited for commercial use. While using the App/Website/Service, you must comply with all applicable laws.

You agree not to tamper with any security-related features of the App/Website/Service, or features that prevent or restrict access to or copying of any content, or enforce limitations on the use of the App or its content.

DIVINE CAPITAL does not provide, control or endorse any third-party information, products or services, even if they are displayed on the App/Website, except for the explicitly provided services.

You guarantee that you will use the App/Website/Service prudently, reasonably, and lawfully as a responsible citizen of India.

DIVINE CAPITAL will not be held responsible for any transaction or request processing delay or failure arising from infrastructure issues such as server uptime, network availability, and connectivity. You shall not take any action that may cause DIVINE CAPITAL to suffer any form of loss.

It is mandatory to inform DIVINE CAPITAL of any significant changes in your situation or profile, and the company will rely on the most recent information provided by you. DIVINE CAPITAL does not accept responsibility or liability for the authenticity of the figures calculated using the calculator provided. Although the data content is obtained from reliable sources, DIVINE CAPITAL is not responsible for any error or inaccuracy that results in losses.

DIVINE CAPITAL has the sole discretion and authority to decline a customer's request to open an account or suspend/freeze an account on the direction of regulatory or government bodies and authorities. The reason for not opening such an account may or may not be disclosed by the company.

The calculators/tools/planners are designed to provide assistance in determining the appropriate amount, but they are not enough to develop or implement an investment strategy. It is recommended to make investment decisions independently.

The user hereby authorise DIVINE CAPITAL to share their signature available on the records of the KYC Registration Agency or CKYC with Mutual Fund, AMC, and RTAs for processing their requests.

Any action taken by Mutual Fund/AMC/its Registrar/the Trustees in good faith relying on the information/evidences/specimen (including specimen signature) available from the records of the KRA/CKYC will be considered a valid discharge. The customer shall not have any recourse against them for any such action taken in good faith relying on records or information available with the KRA/CKYC. If the customer's signatures are not available with KRA/CKYC, they shall cooperate with AMC/DIVINE CAPITAL/RTA to provide additional details as required to complete verification.

The user agree that all entities are acting within the scope of guidelines/regulations defined or suggested by SEBI/AMFI or any other regulator. The customer acknowledges and provides their consent that the information provided by them may be shared with regulators/government bodies as and when required or requested by them.

By logging into the DIVINE CAPITAL App/Website using their credentials, the customer acknowledges and provides consent to verify their credentials with DIVINE CAPITAL. The customer understands that all transactions, financial or non-financial, carried out by them through the DIVINE CAPITAL App or Website.

All investments through the DIVINE CAPITAL Platform shall be made at the sole discretion of the user, and all investments will be executed by the user or as per the directions issued by the user.

The user authorizes DIVINE CAPITAL to utilize their KYC information, which they have submitted as their own will or uploaded on DIVINE CAPITAL's system, for the purpose of validation and compliance with legal and regulatory requirements. The user shall inform DIVINE CAPITAL/AMC of any changes in their KYC information or investment information or declaration or change in signature/signatories. If the user's signature is not updated, available, or legible in KYC records, DIVINE CAPITAL/AMC would be within its rights to carry out further checks to validate the authenticity of the request or reject any such request based on existing KYC information.

By signing this agreement, the User gives permission to DIVINE CAPITAL to share their signature from the records of KYC Registration Agency (KRA) or CKYC with Mutual Fund, AMC, RTAs, and Trustees for authenticating and processing requests. The User agrees that any action taken in good faith by Mutual Fund/AMC/Registrar/Trustees/DIVINE CAPITAL relying on information, evidences, or specimen signatures available from the records of KRA/CKYC will be a valid discharge for them. The User cannot hold them responsible for any such action taken in good faith.

The User hereby declares that all amount invested in the schemes through the DIVINE CAPITAL platform shall be through his / her own legitimate source / Bank Account only and the said investments do not contravene any Act, Rules, Regulations, Notifications or Directives of the provisions of the Income Tax Act, Anti Money Laundering Laws, Anti-Corruption Laws or any other applicable laws enacted by the Government of India from time to time.

The User affirms that they have not received any rebate or gifts, either directly or indirectly, to make the investment and that the invested funds belong to the User. The User acknowledges that any investment made through a third-party account may be rejected by DIVINE CAPITAL or the AMC. In case the "Know Your Client" process is incomplete and not satisfactory to the DIVINE CAPITAL/AMC/Mutual Fund, the User authorizes the AMC/Mutual Fund to redeem the funds invested in the Scheme at the prevailing NAV on the date of redemption at their sole discretion, and agrees to comply with any other actions required by law.

The User consents to sharing and providing their transaction data feed, portfolio holdings, and NAV pertaining to their investments under the Direct plan of all schemes to DIVINE CAPITAL, a SEBI registered investment advisor. As part of the services provided under this Agreement, the User authorizes DIVINE CAPITAL, AMC, and Mutual Fund to share, disclose, or transfer their personal data and information, including details of their investments and transactions in the Mutual Fund Schemes, with the investment advisor. The AMC/Mutual Fund may disseminate this information to the investment advisor, who will solely use it for collating the User's portfolio details under the financial services Advisory/Execution Agreement.

The User agrees to hold harmless and indemnify the AMC/Mutual Fund for any damage, regulatory action, or liability resulting from the sharing, disclosure, and transfer of information mentioned above. The User acknowledges that the investment advisor has an agreement with the AMC/Mutual Fund to accept transaction feeds and further acknowledges that if this agreement is terminated for any reason, the User will submit transactions directly to the AMC/Mutual Fund through other permitted modes of transactions.

Payments for Mutual Fund (MF) – NFO’s, Liquid Funds, Equity, Debt & International funds etc. including lump sum and SIP:

Modes of Payments:

You can transfer the funds using UPI, net banking and IMPS/NEFT/RTGS and/or any other mode as may be approved by DIVINE CAPITAL from time to time.

1. Payment Gateway provided by Exchange

DIVINE CAPITAL employs a third-party payment gateway to facilitate money transfers, and completed transactions cannot be cancelled. The User must use their own bank account, or the transaction may be rejected. In case the credit is not visible in the User's account immediately after transferring funds through the instant payment gateway, the User must wait at least 24 hours for the funds to reflect in the account. DIVINE CAPITAL does not accept cash or demand deposit as payment.

UPI

You can transfer funds using UPI. You may initiate the payment from our website/mobile application.

Bank Transfers - IMPS/RTGS/NEFT

DIVINE CAPITAL utilizes exchange payment gateway services to provide users with bank transfer functionality. This involves sharing the user's bank account information with the payment gateway, which is done only after the user gives consent while enabling the Bank Transfers feature. This enhances the user's experience and enables DIVINE CAPITAL to verify the funds transferred by the user from their registered bank accounts.

If the bank account used to transfer funds is not registered with DIVINE CAPITAL or does not belong to the user, the Payment Gateway provider will initiate a refund on the same day, subject to credit realization. The turnaround time for payment gateways and banks can vary up to 7-10 working days.

Net Banking

Users can use the net banking facility to transfer funds, which can be initiated through DIVINE CAPITAL's app/website. It is advisable for users to use their own Net Banking Account while transferring funds. DIVINE CAPITAL shall not be responsible for any failed or pending transactions or fraudulent use of Net-banking in any way. Any fraudulent transaction or attempt shall be subject to legal action under the relevant section of the Indian Penal Code (IPC). In case of a failed transaction, the user may be charged by their bank, and DIVINE CAPITAL shall not be liable for any such charges.

Mandates

DIVINE CAPITAL offers different recurring payment options through mandates, which are applicable to all products provided by the company. Only verified bank accounts are registered for bank mandates. DIVINE CAPITAL is not responsible for failed or pending transactions resulting from approved mandates. If there are any modifications in account details or a closed account, users are responsible for updating the mandates. Users must abide by the disclaimers and terms and conditions of third-party service providers and payment gateway disclaimers. Although DIVINE CAPITAL takes reasonable care to protect against unauthorized data use, the company cannot guarantee that using its services will not lead to data theft or unauthorized use. Users are responsible for ensuring the transaction's success and accept the risk and responsibility by agreeing to these terms and conditions.

DIVINE CAPITAL has taken reasonable measures to safeguard against unauthorized use of user's transmitted information. However, DIVINE CAPITAL cannot guarantee that its services will be free from theft and/or unauthorized use of data over the Internet. It is the user's responsibility to ensure the transaction's success. By accepting these terms and conditions, the user acknowledges that the use of the online payment service is entirely at their own risk and responsibility.

2. Mutual Fund Transactions

Financial Transactions

DIVINE CAPITAL endeavors to process transaction requests for Mutual Funds to the best of its ability. The requests will be processed according to the business rules and cut-off times in effect. However, DIVINE CAPITAL cannot guarantee the processing of these requests in the event of system failures on its end. If any system failure occurs with the RTA/AMC/Payment Gateway Provider/Bank, DIVINE CAPITAL and its users will rely on the fallback provided by the respective service provider. This disclaimer must be read in conjunction with payment settlements. Users acknowledge that DIVINE CAPITAL serves as an intermediary for facilitating financial transactions and is subject to the capabilities and timelines of AMCs/RTAs/Payment Service Providers/Banks involved in the said transactions.

Non-Financial Transactions

For Mutual Funds, DIVINE CAPITAL will make a best effort to send the transaction request to the RTA (acting on behalf of the respective AMCs). The processing of the request will be handled according to the existing business rules at the RTA. If there are any system failures at DIVINE CAPITAL, we will endeavor to process the request as soon as possible but we cannot guarantee this. In case of system failures at the RTA, PML and its users will rely on the fallback provided by the RTA. Users should note that PML acts as an intermediary between the user and the AMC for the purpose of facilitating Non-Financial Transactions. DIVINE CAPITAL is limited by the capabilities and timelines provided by the AMCs / RTAs for such non-financial transactions.

RTA

For Mutual Funds, DIVINE CAPITAL will provide transaction data to each RTA (on behalf of respective AMCs) in a format agreed upon by both parties, and the transaction will be processed by the RTA according to existing business rules. Confirmation of each transaction's status will be received by DIVINE CAPITAL from the RTA in a format mutually agreed upon with the RTA and AMC. Transaction processing time and business logic are beyond the control of DIVINE CAPITAL.

The user understands that DIVINE CAPITAL is only acting as a platform. User enters into a bilateral relationship with AMC / Mutual fund when he places and orders with the relevant AMC, or any entity acting as a collection agent on its behalf.

3. Settlements

The settlement to the respective bank account(s) is done by the Banks and Exchange Payment Gateway and will be done on a best effort basis as per their timelines. The applicable Net Asset Value (NAV) for the purchase of units of mutual fund will be subject to realisation and availability of funds in the bank account of AMC/Trustee before the applicable cut-off timings, as specified by AMFI/SEBI for Mutual Funds, regardless of the amount of investment, and according to the business logic at the corresponding RTA. The settlement for both lumpsum and SIP in Mutual Funds will be the same depending on the mode of payment.

DIVINE CAPITAL has tied up with Bombay Stock Exchange (BSE) Star MF platform to process Mutual Fund orders, such as Buy/Purchase/SIP, and forward them to the relevant Asset Management Companies ("AMC") or their authorized Registrar and Transfer Agent (RTA) for processing. The Payment Gateway on the DIVINE CAPITAL website/app for investing in Mutual Funds is also provided by the BSE Star MF platform. DIVINE CAPITAL can only offer schemes available on the BSE Star MF platform, and it only distributes AMC products and does not warrant or guarantee the performance of the AMC or any mutual fund schemes they offer. To facilitate your Mutual Fund order and Payment processing, DIVINE CAPITAL will share your details, such as PAN, Address Details, Bank Details and Documents, Signature, etc., with the BSE Star MF platform, and these records may be used to authorize the transactions you submitted. DIVINE CAPITAL and BSE will send messages regarding your orders/investments/portfolio/new schemes, etc., to the Mobile Number and email ID you provided, and this consent will override any registration for the Do Not Call ("DNC")/National Do Not Call ("NDNC") registry. AMCs are not obligated to accept any subscriptions to the various Mutual Fund Schemes offered by them. You must notify DIVINE CAPITAL in writing if there are any changes in the information you provided.

The DIVINE CAPITAL platform is an order collection platform and does not provide any form of advisory services. DIVINE CAPITAL does not provide tips, advisory, solicitation, opinions, or portfolio management services related to buying, selling, and trading any mutual funds in any manner.

To avail this service, you must abide by the terms and conditions provided in the circulars by BSE and specified by BSE from time to time. You must ensure compliance with the requirements specified by SEBI and the Association of Mutual Funds of India (AMFI) from time to time.

You, the client, expressly agree that DIVINE CAPITAL is not liable or responsible and does not represent or warrant any damages/loss of interest and/or opportunity loss and/or any loss arising due to the movement of Net Asset Value (NAV), notional or otherwise, due to non-execution of orders or any incorrect execution of orders concerning the mutual funds chosen by the client due to, but not limited to, any link/system failure, sufficient/insufficient funds in the trading account/Client's bank account that may occur at the end of the client.

If for any reason the bank/payment transfer transaction for mutual fund purchases is not completed, and units are credited to you, DIVINE CAPITAL reserves the right to take action to recover the owed amount. Your personal information may be processed by third parties, such as BSE Star MF, RTA's, and AMC's, to provide services and marketing materials. By using the platform, you agree to these terms.

The money debited from your DIVINE CAPITAL trading account for mutual fund transactions will be credited/transferred to the respective Mutual Funds either on the same day or the next working day, depending on the order's cut-off time. There may be a time lag in transferring/crediting the money to the Mutual Fund account, and units will be allotted, redeemed or switched at the NAV prevalent on the transaction request date. If the request falls due on a holiday or after the cut-off time, it will be processed on the next working day, and the applicable NAV will be per the Mutual Fund's Scheme Information Document. You must maintain a clear balance in your account to cover the purchase price and other costs and charges. DIVINE CAPITAL and its representatives will not be liable for any variances in values arising from delayed data feeds, transmission losses, or electronic fund transfer issues.

If the bank account provided by you at the time of registration with the RTA of the schemes is on the list of banks with which the Mutual Fund has a direct credit arrangement, then redemption proceeds and dividend payouts will be credited directly to your bank account by the AMC. The list of such banks is available in the Scheme Information Document or Key Information Memorandum (KIM) cum common application form of the respective Mutual Fund. However, please note that applicable exit load or any other charges levied by the Mutual Funds/AMCs will be chargeable in accordance with the Scheme Information Documents (SID) / Key Information Memorandum (KIM) and addendums issued from time to time. Therefore, it is your responsibility to read the scheme related documents before investing.

Price Data & NAV

The platform displays NAV, prices, and other data related to the transactions on an "as is" basis, which may be sourced from third-party vendors, AMCs, or any other entities that DIVINE CAPITAL is associated with. DIVINE CAPITAL shall not be responsible for any discrepancies in price data due to delays or connectivity issues, and shall not be liable for any consequential damages arising from such inaccuracies. It is your responsibility to conduct your own due diligence on the prices to be paid for transactions on any instruments, and to make investment decisions at your sole discretion. Upon making an investment, the allocation of units by mutual funds, AMCs, bond houses, or other institutions will be based on applicable NAV/Bond price traded/issued, which is beyond the control of DIVINE CAPITAL.

DIVINE CAPITAL does not guarantee the accuracy of NAV calculations or unit allocations by mutual funds. If you notice any discrepancies, DIVINE CAPITAL's customer support team will assist you in resolving your query through the respective AMC.

I give my consent to use my wet signature, as per the signature available in DIVINE CAPITAL's records, for signing the BSE Star MF Segment activation form.

Using the BSE Star MF Platform's services is subject to additional terms and conditions, along with the terms and conditions of DIVINE CAPITAL's website. You are required to read and follow all the applicable terms and conditions.

After this Agreement is terminated, you are obligated to maintain confidentiality of any confidential information disclosed to you by DIVINE CAPITAL. You also agree to protect DIVINE CAPITAL's proprietary information using the same level of care and procedures that you use to protect your own similarly important proprietary information, and to exercise reasonable care at all times.

You agree not to disclose or use the information provided under this service for any unauthorized, illegal or commercial purposes or for any third-party discussion forums. You agree to use the information provided under this plan solely for personal purposes. You are not authorized to recompile, copy, modify, distribute, transmit, display, perform, reproduce, publish or create derivative works from, transfer, or sell any information, services etc accessed here. You acknowledge that unauthorized use of DIVINE CAPITAL's information or systems is unlawful and may result in civil or criminal penalties.

You acknowledge that DIVINE CAPITAL holds the right to suspend or terminate your account or your use of the App and Website, with or without notice and without any penalty, at its sole discretion, for any or no reason. DIVINE CAPITAL may also block, restrict, disable, suspend, or terminate your access to the App and Website, or any part of it, at its discretion, with or without prior notice.

You understand that DIVINE CAPITAL will not be liable to You or any third party for any such termination or interruption, and any suspected illegal, abusive, or fraudulent activity may be reported to the appropriate law enforcement authorities. DIVINE CAPITAL reserves the right to exercise any other legal or equitable remedies it may have in addition to the aforementioned remedies. You agree to discontinue using the App / Website / Service immediately upon termination for any reason. You may request termination of your account by submitting a request through the Settings section of the App / Website. (Ref. “How to Delete Account?” for help)

DIVINE CAPITAL, its contractors, agents, licensors, directors, employees, associates, partners or suppliers will not be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, losses in investment products, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever), regardless of the cause.

Furthermore, DIVINE CAPITAL, its directors, employees, and agents will not be liable to You or any third party for any damages, liabilities, losses, and causes of action arising out of or related to: (i) this Agreement; (ii) Your use of or access to the App and/or the Website or any reference Site/App/Platform/Service; (iii) Your use or inability to use the Services provided by DIVINE CAPITAL (including any and all materials) or any reference Sites/App/Platform/Service; (iv) any other interactions with DIVINE CAPITAL; or (v) any action caused by AMC, RTA, or any other third party, regardless of the cause and whether arising in contract, tort (including negligence), warranty, or otherwise, beyond or in excess of ₹500 or the amount required as per regulatory guidelines, whichever is lesser.

You acknowledge and accept that DIVINE CAPITAL has provided its Services, established its prices, and entered into this Agreement relying on the disclaimers of warranties and limitations of liability as stated in this document. You further acknowledge that these provisions represent a reasonable and equitable distribution of risk between You and DIVINE CAPITAL, and that they are a fundamental component of the agreement between You and DIVINE CAPITAL. Without these limitations, DIVINE CAPITAL would not be able to provide its Services to you in an economically feasible manner. This section of the agreement will continue to be valid even after the termination of this Agreement.

You shall be responsible for defending, indemnifying and holding harmless DIVINE CAPITAL, the AMC, the Mutual Fund, their affiliates, officers, directors, employees, and partners from any claims, losses, damages, liabilities, expenses, and costs, including reasonable legal fees, arising from or related to: (i) Your use of the Services, App, or Website; (ii) any violation by You of this Agreement or applicable laws; (iii) any breach of the representations, warranties, and covenants made by You herein; (iv) any act of negligence, misconduct, or fraud committed by You; or (v) any sharing or disclosure of the information provided under this Agreement.

DIVINE CAPITAL reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You, and You agree to cooperate with DIVINE CAPITAL's defense of such claims. DIVINE CAPITAL will make reasonable efforts to notify You of any claim, action, or proceeding that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive the termination of this Agreement.

DIVINE CAPITAL and its third-party partners hereby disclaim all warranties or guarantees, whether statutory, express or implied, to the fullest extent permissible pursuant to applicable law. Such warranties or guarantees include, but are not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. You acknowledge that no advice or information, whether oral or written, obtained by You from DIVINE CAPITAL or through the App/Website/Service will create any warranty or guarantee other than those expressly stated herein. For the purposes of this disclaimer, the term "DIVINE CAPITAL" includes DIVINE CAPITAL’s officers, directors, employees, affiliates, and subsidiaries. By using the Services on the App/Website, You expressly agree that such use is at your sole risk.

The information provided through the App or the Website is provided on an "AS IS" basis and is subject to best efforts. Your use of the App / Website / Service is at your own risk. The App / Website / Service, along with any data, information, third-party software, reference sites, services, or software made available through it, are provided "as is," "as available," and "with all faults" basis, without any express or implied warranties or representations of any kind. DIVINE CAPITAL and any third-party suppliers, affiliates, subsidiaries, licensors, employees, and partners do not guarantee that the data, software, functions, or any other information offered on or through the app will be uninterrupted, error-free, or free from viruses or other harmful components. They do not guarantee that any of the foregoing will be corrected.

DIVINE CAPITAL and any third-party suppliers, licensors, affiliates, subsidiaries, and partners do not guarantee or make any representations regarding the correctness, accuracy, reliability, or any other aspect of the use or results of the use of the App / Website / Service.

You acknowledge and agree that your use, access, download, or obtainment of information, materials, or data through the App/Website/Service is solely at your discretion and risk. You are solely responsible for any damage to your property, including your computer system or other device, or loss of data resulting from such actions. DIVINE CAPITAL does not authorize anyone to make any warranty on its behalf, and you should not rely on any such statement. This paragraph will remain in effect even after the termination of this Agreement.

DIVINE CAPITAL will not be liable for any incidental, consequential, or indirect damages resulting from your use of or inability to use the App/Website/Service, including damages for loss of profits, business interruption, loss of programs or information, or any other similar losses.

You understand that you should not solely rely on any views, representations, recommendations, opinions, reports, analysis, information, or other statements made by DIVINE CAPITAL or any of its agents, directors, officers, or employees. In the event that you decide to make an investment based on the information or recommendation provided by DIVINE CAPITAL, you do so at your own risk, and you should consider your financial situation, objectives, and needs, and consult with your legal, business, tax, and/or other professional advisors to determine the appropriateness and consequences of such an investment. You agree that all final decisions will be yours, and DIVINE CAPITAL will not be liable for any consequences resulting from those decisions.

DIVINE CAPITAL is the owner and operator of the App / Website / Service. The Services and Materials, including visual interfaces, graphics, designs, information, computer code, software, services, and all other elements of the Services and App / Website provided by DIVINE CAPITAL, are protected by Indian copyright, trademark, patent, and trade dress laws, international conventions, and other relevant intellectual property and proprietary rights laws. All Materials, trademarks, service marks, and trade names contained on the App / Website / Service are the property of DIVINE CAPITAL. You agree not to remove or alter any copyright, patent, trademark, or other proprietary rights notices of DIVINE CAPITAL or any third party's affixed to or contained within or accessed in conjunction with or through the App / Website / Service. Unless expressly authorized by DIVINE CAPITAL, You agree not to copy, modify, distribute, sell, license, publicly perform or display, transmit, publish, edit, adapt, create derivative works, or otherwise make unauthorized use of the Materials. DIVINE CAPITAL reserves all rights not expressly granted in this Agreement.

DIVINE CAPITAL has the right to modify, amend, or remove portions of the Terms of this Agreement, privacy policy, and disclaimers on the Platform at any time. The updated Terms will be available on the Platform, and it is your responsibility to visit the Platform regularly to view the current version of the Terms. You should periodically check the Terms for any changes. The changes will be effective and deemed accepted by you 24 hours after the initial posting and will apply to your use of the Platform, Services, or payment transactions made through the Platform after the posting date. If you disagree with any changes, you may terminate your use of the App / Website / Service. DIVINE CAPITAL may be required to provide advance notice for certain changes under applicable law, and will comply with such requirements. Your continued use of the App / Website / Service after the changes are posted means that you accept and agree to the changes.

DIVINE CAPITAL may communicate with you through various channels, such as email, SMS, push notifications, regular mail, or postings on the App/Website. Any notice to DIVINE CAPITAL should be sent via courier or registered mail to the email address divinecapital36y@gmail.com, unless otherwise specified. DIVINE CAPITAL will send all notices, information, and other correspondence to you by email, SMS, or letter to the communication address provided by you. You must inform DIVINE CAPITAL of any changes to your email ID, mobile number, or correspondence address in advance.

Please note that electronic communications are not guaranteed to be delivered successfully or securely, and may contain viruses. DIVINE CAPITAL will not be responsible for any loss or harm caused by lost, delayed, intercepted, corrupted, or otherwise altered emails, or for any failure to deliver emails due to factors beyond its control. All correspondence will be in English.

By using the Services, you agree to be contacted by DIVINE CAPITAL and its representatives through phone or registered email ID. If your mobile number is registered on the TRAI's Do Not Disturb (DND) list, you may not receive SMS from DIVINE CAPITAL. You must take steps to deregister from the DND list, and DIVINE CAPITAL will not be held responsible for non-receipt of SMS during the interim period.

If DIVINE CAPITAL does not enforce or exercise any right or provision outlined in this Agreement, it shall not be considered as a waiver of that right or provision. Any waiver of a provision in this Agreement will only be effective if it is in writing and signed by DIVINE CAPITAL.

In case of any dispute, controversy or claim arising under this Agreement or related to the App/Website/Service, the parties will attempt to resolve the matter amicably. If they are unable to do so within 30 days of receiving notice of the Dispute, DIVINE CAPITAL may choose to settle the matter through binding arbitration under the Indian Arbitration & Conciliation Act, 1996. The arbitration will be conducted on an individual basis and will not be consolidated with any other party's claim or controversy. A sole arbitrator appointed by DIVINE CAPITAL will resolve the Dispute in accordance with the Act. The arbitration will take place in New Delhi, and the proceedings will be conducted in English. Before the arbitration's completion, either party may seek interim or preliminary relief from a court of competent jurisdiction to safeguard its rights or property, including the rights or property of any agents, suppliers, or subcontractors. All administrative fees and expenses of arbitration will be split equally between the parties. Each party will bear the expense of its own lawyers and preparation.

The arbitration proceedings will be confidential, and the parties will not disclose the existence, content, or results of the arbitration except as required by law or for enforcing the arbitration award. This paragraph will remain in force even if this Agreement is terminated.

Except as provided in the Dispute Resolution section above, you hereby agree that any claims or disputes with DIVINE CAPITAL must be resolved by a court that has jurisdiction in New Delhi, India. By using the App/Website/Service, you consent to the personal jurisdiction of the courts located within New Delhi, India, for the purpose of resolving any such claims or disputes. This Agreement shall be governed by Indian law. This section will remain in effect even after the termination of this Agreement.

In the event that any provision of this Agreement is found to be illegal, void, invalid or unenforceable, such provision shall be limited or removed from this Agreement to the extent necessary, and the remaining provisions will continue to be valid and enforceable.

In the event that this Agreement is terminated, any provisions that are required to survive due to their nature or express terms will continue to remain in effect with regards to any transfers or relationships that occurred before such termination or expiration.

The headings used in these T&Cs are for convenience only and do not form a part of these terms and conditions. They shall not be construed to limit or modify any provisions of this Agreement.

These terms and conditions are the entire agreement between you and DIVINE CAPITAL relating to the subject matter hereof and this Agreement will not be modified except by a change to this Agreement made by DIVINE CAPITAL in accordance with the terms of this Agreement.

In the event that either party's ability to perform their obligations under this Agreement is impeded or delayed by circumstances beyond their reasonable control, such as natural disasters, war, civil unrest, unavailability of communication systems including the Internet, payment mechanism breaches or viruses, government actions, computer hacking, unauthorized access to computer data and storage devices, computer crashes, security breaches and encryption code violations (each a "Force Majeure Event"), the affected party shall be excused from performing such obligations for as long as the Force Majeure Event persists, despite their best efforts. The payment obligations of the parties shall remain unaffected by a Force Majeure Event, unless prohibited by law or embargo.

The right to use the App / Website / Service is personal to you and is not transferable by assignment, sublicense, or any other method to any other person or entity.

Disclaimer

This document outlines the disclaimers that apply to accessing and using the DIVINE CAPITAL Platform, which includes the Website https://divinecapital.investwell.app, the Mobile Application "DIVINE CAPITAL", and any other subdomain or platform owned, developed, managed, or operated by DIVINE CAPITAL Limited and/or its affiliates. DIVINE CAPITAL Limited is a company incorporated under the laws of India and registered under the Companies Act, 2013. Together, the Website, App, and other related platforms are collectively referred to as the "DIVINE CAPITAL Platform". The terms "You", "Your", and "User" refer to individuals who use and avail themselves of the Services and Products through the DIVINE CAPITAL Website/App/Platform, including both singular and plural.

This document constitutes an electronic record under the Information Technology Act, 2000. As it is generated by a computer system, no physical or digital signatures are necessary. Your acceptance of the terms and conditions shall be deemed as your agreement to use the Services provided by DIVINE CAPITAL, which includes the App, Website, platform, and products, in accordance with the terms and conditions set forth by DIVINE CAPITAL.

Under no circumstances shall DIVINE CAPITAL or any of its contractors, agents, licensors, directors, employees, associates, partners, or suppliers be held liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages. Such damages may include, but are not limited to, losses in investment products, lost business opportunities, lost revenues, loss of anticipated profits, or any other type of pecuniary or non-pecuniary loss or damage, regardless of how they arise.

Under no circumstances shall DIVINE CAPITAL, its directors, employees, or agents be held liable to You or any third party for any damages, liabilities, losses, or causes of action arising from: (i) this Agreement; (ii) Your use of or access to the App and/or Website, or any reference Site/App/Platform/Service; (iii) Your use or inability to use the Services provided by DIVINE CAPITAL (including any and all materials) or any reference Sites/App/Platform/Service; (iv) any other interactions with DIVINE CAPITAL; or (v) any actions caused by AMC or RTA or any other third party, regardless of how they arise, and whether arising in contract, tort (including negligence), warranty or otherwise. The maximum amount of liability shall not exceed ₹500 or the amount required by Regulatory guidelines, whichever is lesser.

You acknowledge and agree that DIVINE CAPITAL has provided its Services, established its prices, and entered into this Agreement with the understanding that the limitations of liability outlined herein are valid. These limitations of liability represent a fair and reasonable distribution of risk between You and DIVINE CAPITAL, and they are an essential component of the agreement between the two parties. Without these limitations, DIVINE CAPITAL would not be able to offer the Services on an economically feasible basis. In all instances, DIVINE CAPITAL and its affiliates, employees, representatives, contractors, agents, licensors, directors, associates, partners, suppliers, and distributors will not be held liable for any loss or damage that is not reasonably foreseeable or beyond the onus or management of DIVINE CAPITAL, or that falls under the control or management of external partners or third-party service providers.

DIVINE CAPITAL's automated systems may gather and analyze data on your browsing behavior or investment decisions on the platform to offer customized features like tailored messages, product recommendations, and advertising based on your preferences. This analysis is conducted as your usage data is collected in our systems. DIVINE CAPITAL utilizes this data to personalize and enhance your experience to the best of its abilities, and we urge you to make your own investment decisions by studying and comprehending the investment products. Once you receive advice, it is up to you to decide whether to follow it in part or in whole or disregard it entirely. You have complete freedom to choose the execution of Mutual Funds you wish to invest in, whether or not you have received advice from DIVINE CAPITAL. Additionally, viewing information about certain Mutual Funds on the website or app does not constitute advice. While providing Advisory Services, DIVINE CAPITAL has not conducted any regulatory, legal, tax, or accounting analyses concerning the suitability of your investment products. Therefore, you should seek appropriate professional advice, including tax advice, before making any decisions regarding realized or unrealized gains or losses reflected in your investments, portfolio, or statements.

The availability and functionality of some services, such as Account Information and Maintenance, are dependent on a secure and uninterrupted connection to external providers. DIVINE CAPITAL cannot guarantee that such connection will always be available or free from errors or downtime, as it is provided by third parties over whom DIVINE CAPITAL may have no control. DIVINE CAPITAL will make every effort to provide an alternative solution, but it reserves the right to suspend these services if it believes that the security of the site or the data may be compromised.

Mutual Funds investments are subject to market risks. Read all scheme related documents carefully. Past performance is not an indicator of future returns.

DIVINE CAPITAL serves as an intermediary that collects user orders and submits them to the relevant AMC or collection agent. The company does not offer regulatory, legal, tax, or accounting advice on the suitability of investment products. Users should seek professional advice, including tax advice, before investing and managing their portfolio's gains and losses.

Users should also note that any returns or benefits resulting from transactions made through DIVINE CAPITAL are subject to applicable tax deductions as per Indian taxation laws.

It is important to note that DIVINE CAPITAL's services do not constitute an offer or solicitation to buy or sell securities in any jurisdiction where such activities are unlawful.

DIVINE CAPITAL makes no warranties or representations, whether express or implied, regarding the products available through the DIVINE CAPITAL Platform. The information and figures provided on the platform are presented "As Is" and should not be considered as recommendations or advice. These details will be updated based on the information received from the entities responsible for providing the information.

DIVINE CAPITAL and its service providers are not responsible for any failure to meet service standards or obligations due to a Force Majeure Event. Such events include circumstances beyond their reasonable control, such as the unavailability of communication systems, virus attacks, payment mechanism failures, natural disasters, civil unrest, strikes, government actions, and other similar events. These events may impact the performance of the platform, but DIVINE CAPITAL and its service providers will not be held liable for them.

The user acknowledges and agrees that all communication from DIVINE CAPITAL will be sent to the email and mobile number provided in their user profile. These contact details may differ from the email and mobile number used to register or log in to both DIVINE CAPITAL. If the user needs to update their communication details, they must do so in their DIVINE CAPITAL record or with external entities as required by regulations or industry best practices.

The user affirms that the information provided on DIVINE CAPITAL is accurate, complete, and truthful. DIVINE CAPITAL will only send communication to the email and phone number listed under "Communication Details" in their DIVINE CAPITAL account.

The mutual fund information displayed on the DIVINE CAPITAL website and app is obtained from third-party vendors over whom DIVINE CAPITAL has no control or authority. The information is either directly acquired from these vendors or derived from it. DIVINE CAPITAL will strive to display the most up-to-date data, but it does not guarantee the accuracy, relevance, or timeliness of the information. Users should invest at their own discretion based on this information.

1. Returns Graph

The user understands that any graphical representations, recommendations, feedback, and reviews provided on the DIVINE CAPITAL website and app do not guarantee the performance of the funds or assess the creditworthiness of the fund or its underlying securities. The graphical representations are merely factual depictions of fund performance and do not constitute investment advice. Actual returns may differ significantly and depend on personal and market circumstances. The graphs are created based on data obtained from third-party data providers, and DIVINE CAPITAL assumes no responsibility for its accuracy, correctness, relevance, or timeliness. Users should invest at their own discretion based on this information.

2. Asset Management Company (“AMC”)

Information regarding AMC (Asset Management Company) displayed on the DIVINE CAPITAL app is obtained from third-party vendors, and DIVINE CAPITAL has no control or authority over the authenticity of the information. The data displayed is either obtained directly from third-party vendors or derived from it. Although DIVINE CAPITAL will strive to provide the most up-to-date data, it does not take responsibility for the accuracy, relevance, or timeliness of the information. Users are advised to exercise their own discretion while making investment decisions.

3. Insta Redemptions

DIVINE CAPITAL uses the term "Insta Redemption" for funds that offer instant redemption facility in collaboration with the respective Asset Management Companies (AMCs). These funds fall under SEBI guidelines, which stipulate that users can withdraw up to ₹50,000 or 90% of the latest value of their investment, whichever is lower, per day per user per scheme. DIVINE CAPITAL is not responsible for the amount or timeline of the redemption proceeds being credited to users' bank accounts. The credit of funds will be done in accordance with the bilateral contract between the AMC and the user. DIVINE CAPITAL only acts as an intermediary in this transaction, and any issues related to Insta Redemptions should be directed to the respective AMC.

4. Performance & Returns

DIVINE CAPITAL receives the returns and other performance details shown on its app from third-party vendors, and it has no control or authority over the legitimacy of the data. The data shown is either directly acquired from the third-party vendors or derived from it. DIVINE CAPITAL takes no responsibility for the correctness, relevancy, or update of the data, although it will attempt to show users the most recent data. Users are advised to invest at their own discretion.

5. Comparison

DIVINE CAPITAL receives the comparison and other performance details shown on its app from third-party vendors, and it has no control or authority over the legitimacy of the data. The data shown is either directly acquired from the third-party vendors or derived from it. DIVINE CAPITAL takes no responsibility for the correctness, relevancy, or update of the data, although it will attempt to show users the most recent data. Users are advised to invest at their own discretion.

6. Riskometer

The riskometer shown on DIVINE CAPITAL's app or website as part of Mutual Fund scheme details is received from third-party vendors, and DIVINE CAPITAL has no control or authority over the legitimacy of the data. DIVINE CAPITAL is not responsible for the outcomes of any investment or redemption decisions made by users based on the riskometer on the Mutual Fund page. Mutual Fund Investments are subject to market risks, and users should read the scheme-related documents carefully before investing. Past performance is not an indicator of future returns.

7.Riskometer vs User Risk Profile

DIVINE CAPITAL displays a user's risk profile against the scheme's riskometer as part of Mutual Fund information. Certain guidelines are provided for a user with a particular risk profile vs. the risk of that Mutual Fund. This mapping is purely indicative, and DIVINE CAPITAL is not responsible for the outcomes of any investment or redemption decisions made based on these guidelines. Mutual Fund Investments are subject to market risks, and users should read the scheme-related documents carefully before investing. Past performance is not an indicator of future returns.

8. Recommended date for Investment (in SIP mode)

DIVINE CAPITAL recommends a date for systematic investment plan (SIP) to its users for some Mutual Funds based on the last 12-month performance of the Fund. This is a purely indicative number, and DIVINE CAPITAL takes no responsibility for the underlying data received from third-party vendors. Users are not expected to base their decisions on the data showcased.

9. Holdings / Sectors / Instruments / Debt

The information displayed on the DIVINE CAPITAL app or website regarding mutual fund holdings is obtained from third-party vendors, and DIVINE CAPITAL does not have control or authority over the accuracy of the data. The data presented is either obtained directly from third-party vendors or derived from it. While DIVINE CAPITAL will make an effort to provide the most up-to-date information, it is not responsible for the correctness, relevance, or timeliness of the data. Users are advised to use their discretion when investing.

10. KYC / Investment Readiness

The user acknowledges that opening an account is subject to providing accurate, complete, and correct information for KYC verification in accordance with applicable regulations. DIVINE CAPITAL will collect all necessary information from the user for KYC verification and investment readiness. During the investment process, this KYC information will be transmitted to KRA and/or CERSAI. DIVINE CAPITAL is not responsible for any delays in processing KYC requests from third-party agencies. Additionally, DIVINE CAPITAL has no control over the acceptance or rejection of KYC information or the timelines for updating it.

The user agrees to provide the correct documentation and information as listed in the app for the Investment Readiness process. The user acknowledges that failure to provide the required documentation and information may result in DIVINE CAPITAL or KRA or CERSAI or AMC/RTA rejecting their KYC. The user also agrees that DIVINE CAPITAL has the right to reject a KYC application for any reason, including but not limited to erroneous, incomplete, or misleading information provided by the user or noncompliance with KYC norms of SEBI as per regulations, without assigning any reason. DIVINE CAPITAL or AMC/RTA may request additional details for complete due diligence of the user as required by regulations or requested by CERSAI/KRA/AMC/RTA/UIDAI or any other governing agency.

11. PAN Card Check

The user agrees to provide accurate, complete, and correct PAN Card details, and understands that opening an account is subject to the accuracy of the PAN information provided. PAN validation will be performed using the IT department's PAN database. DIVINE CAPITAL is not responsible for any PAN rejections due to PAN unavailability or status of PAN in the IT department database.

12. IPV / Photo

DIVINE CAPITAL will use the photo and video of the user for in-person verification required for KYC verification, as mandated by regulations. The user agrees to provide the correct documentation and information to DIVINE CAPITAL for the purpose of in-person verification. The user understands and agrees that failure to provide the required information for IPV or correct information will result in DIVINE CAPITAL rejecting their KYC.

13. Personal Info

Personal information provided by the user will be used by DIVINE CAPITAL to open the user's account on DIVINE CAPITAL, process the user's KYC, and make the user investment-ready (Account Opening Form, Nominations, Declarations, and FATCA), and will be shared with other partners such as AMCs and RTAs in accordance with regulations. The user is responsible for providing correct personal information that matches the supporting documents or information provided for verification. The user agrees that the name in the account will be their name as per their PAN Card.

14. Bank Account Verification

DIVINE CAPITAL verifies a user's Bank Account(s) by checking the Account Holder Name against the name provided in their KYC records. This may involve an automated integration with the user's bank or a manual check of details such as Account Holder Name or Account Number on documents like a Cancelled Cheque, Account Statement, Passbook, or Bank Letter. DIVINE CAPITAL will not be liable for any changes in Bank Account ownership details after validation, unless the user specifies such changes, and it is the user's responsibility to keep their bank account details up-to-date.

15. Aadhaar Number

To comply with applicable regulations, DIVINE CAPITAL will use UIDAI's services to facilitate the user's KYC process. The integration with UIDAI will provide reliable and accurate information, and the use of these services will be governed by UIDAI's terms and conditions. If there are any uncertainties or concerns, users are advised to verify with relevant authorities or obtain appropriate professional advice.

16. FATCA Declarations

Users must provide accurate FATCA declarations to invest on DIVINE CAPITAL Platform. Currently, only Indian citizens who are tax residents of India can invest. The user is solely responsible for providing correct FATCA declarations, and DIVINE CAPITAL will not be responsible for any actions taken by authorities in case of incorrect declarations.

17. Account Opening Forms

DIVINE CAPITAL will generate the account opening form based on the user's KYC and investment readiness information and forward it to the relevant RTA in the required format. While DIVINE CAPITAL makes an effort to collect and represent the user's information, it will not be responsible or have any control over any rejections made by AMCs or RTAs based on the information submitted by the user.

18. Communication Details

DIVINE CAPITAL will share the user's communication details with AMCs/RTAs for transaction-related communication. The user is responsible for providing accurate email address and phone number to receive communication from RTA and AMCs. DIVINE CAPITAL will not be responsible for non-receipt of communication due to incorrect communication details. While DIVINE CAPITAL makes best effort to collect and represent your information, it is not responsible or has any control for any rejections made by AMCs or RTAs on basis of information shared and submitted by you.

19. Nominations

The user's nominees declared on DIVINE CAPITAL will be mapped to all the folios created by the user across all AMCs invested through DIVINE CAPITAL, unless modified by the user directly with the AMC or RTA. DIVINE CAPITAL will not be responsible or have any control over any rejections made by AMCs or RTAs based on the information submitted by the user.

DIVINE CAPITAL provides various value added services such as script wise Profit and Loss, Portfolio services, Corporate Action adjustment, Capital gain and Tax calculations etc., on best effort basis, to capital market clients who avail of mutual funds' execution or broking service or any other service that DIVINE CAPITAL provides from time to time. While DIVINE CAPITAL takes due care while providing these services. It is the responsibility of the client to check and verify the information / calculations of such value added services before acting on the same. DIVINE CAPITAL would not be responsible for any error in the information/ calculations of the information provided under such value added services.

1. Portfolio Insights

In regards to portfolio insights, DIVINE CAPITAL displays the portfolio holdings and their exposure to sectors/instruments/asset classes/stocks but does not provide any advice or warranty on future performance. Users should verify the accuracy of the information and can come up with their own insights.

2. Statements

Statements provided by DIVINE CAPITAL are solely for informational purposes, and the recipient is responsible for any investment decisions made based on the information provided. The information contained in the statement(s) is updated based on information received from sources such as AMCs, RTAs, or third-party service providers.

The figures calculated based on historical returns are for representational purposes only and do not offer any guarantee on returns. The information relating to the Market Price / NAV of the schemes have been obtained from third party sources, which are believed to be reliable. DIVINE CAPITAL does not warrant the accuracy, reasonableness and / or completeness of any information.

DIVINE CAPITAL reserves the right to rectify discrepancies in the statement(s), if any, at any point of time. DIVINE CAPITAL is authorized to engage and utilize services of third parties / vendors to prepare & send e-mail statement(s). DIVINE CAPITAL is not responsible for any loss or delay in receipt of the statement(s).

3. Transaction History

Transaction history provided by DIVINE CAPITAL may change over time and is dependent on third-party service providers. DIVINE CAPITAL is not responsible for the accuracy or relevancy of the transactions presented.

4. Risk Manager / Profiling

The Risk Manager/Profiling service provided by DIVINE CAPITAL is based on information presented by the user and their own discretion should be used in making any investment decisions.

Overall, DIVINE CAPITAL makes no guarantees nor does it claim accuracy of the information provided under its value-added services and recommends that clients verify the information before making any investment decisions.

Payment Gateway provided by Exchange

DIVINE CAPITAL employs a third-party payment gateway to facilitate money transfers, and completed transactions cannot be cancelled. The User must use their own bank account, or the transaction may be rejected. In case the credit is not visible in the User's account immediately after transferring funds through the instant payment gateway, the User must wait at least 24 hours for the funds to reflect in the account. DIVINE CAPITAL does not accept cash or demand deposit as payment.

1. UPI

You can transfer funds using UPI. You may initiate the payment from our website/mobile application.

2. Bank Transfers - IMPS/RTGS/NEFT

DIVINE CAPITAL utilizes exchange payment gateway services to provide users with bank transfer functionality. This involves sharing the user's bank account information with the payment gateway, which is done only after the user gives consent while enabling the Bank Transfers feature. This enhances the user's experience and enables DIVINE CAPITAL to verify the funds transferred by the user from their registered bank accounts.

If the bank account used to transfer funds is not registered with Ghanshyam Investmentsor does not belong to the user, the Payment Gateway provider will initiate a refund on the same day, subject to credit realization. The turnaround time for payment gateways and banks can vary up to 7-10 working days.

3. Net Banking

Users can use the net banking facility to transfer funds, which can be initiated through DIVINE CAPITAL's app/website. It is advisable for users to use their own Net Banking Account while transferring funds. DIVINE CAPITAL shall not be responsible for any failed or pending transactions or fraudulent use of Net-banking in any way. Any fraudulent transaction or attempt shall be subject to legal action under the relevant section of the Indian Penal Code (IPC). In case of a failed transaction, the user may be charged by their bank, and DIVINE CAPITAL shall not be liable for any such charges.

4. Mandates

DIVINE CAPITAL offers different recurring payment options through mandates, which are applicable to all products provided by the company. Only verified bank accounts are registered for bank mandates. DIVINE CAPITAL is not responsible for failed or pending transactions resulting from approved mandates. If there are any modifications in account details or a closed account, users are responsible for updating the mandates. Users must abide by the disclaimers and terms and conditions of third-party service providers and payment gateway disclaimers. Although DIVINE CAPITAL takes reasonable care to protect against unauthorized data use, the company cannot guarantee that using its services will not lead to data theft or unauthorized use. Users are responsible for ensuring the transaction's success and accept the risk and responsibility by agreeing to these terms and conditions.

1. Financial Transactions

DIVINE CAPITAL endeavors to process transaction requests for Mutual Funds to the best of its ability. The requests will be processed according to the business rules and cut-off times in effect. However, DIVINE CAPITAL cannot guarantee the processing of these requests in the event of system failures on its end. If any system failure occurs with the RTA/AMC/Payment Gateway Provider/Bank, DIVINE CAPITAL and its users will rely on the fallback provided by the respective service provider. This disclaimer must be read in conjunction with payment settlements. Users acknowledge that DIVINE CAPITAL serves as an intermediary for facilitating financial transactions and is subject to the capabilities and timelines of AMCs/RTAs/Payment Service Providers/Banks involved in the said transactions.

2. Non-Financial Transactions

For Mutual Funds, DIVINE CAPITAL will make a best effort to send the transaction request to the RTA (acting on behalf of the respective AMCs). The processing of the request will be handled according to the existing business rules at the RTA. If there are any system failures at DIVINE CAPITAL, we will endeavor to process the request as soon as possible but we cannot guarantee this. In case of system failures at the RTA, DIVINE CAPITAL and its users will rely on the fallback provided by the RTA. Users should note that DIVINE CAPITAL acts as an intermediary between the user and the AMC for the purpose of facilitating Non-Financial Transactions. DIVINE CAPITAL is limited by the capabilities and timelines provided by the AMCs / RTAs for such non-financial transactions.

3. RTA

For Mutual Funds, DIVINE CAPITAL will provide transaction data to each RTA (on behalf of respective AMCs) in a format agreed upon by both parties, and the transaction will be processed by the RTA according to existing business rules. Confirmation of each transaction's status will be received by DIVINE CAPITAL from the RTA in a format mutually agreed upon with the RTA and AMC. Transaction processing time and business logic are beyond the control of DIVINE CAPITAL.

The user understands that DIVINE CAPITAL is only acting as a platform. User enters into a bilateral relationship with AMC / Mutual fund when he places and orders with the relevant AMC, or any entity acting as a collection agent on its behalf.

4. Settlements

The settlement to the respective bank account(s) is done by the Banks and Exchange Payment Gateway and will be done on a best effort basis as per their timelines. The applicable Net Asset Value (NAV) for the purchase of units of mutual fund will be subject to realisation and availability of funds in the bank account of AMC/Trustee before the applicable cut-off timings, as specified by AMFI/SEBI for Mutual Funds, regardless of the amount of investment, and according to the business logic at the corresponding RTA. The settlement for both lumpsum and SIP in Mutual Funds will be the same depending on the mode of payment.

Help

How to Delete Account from DIVINE CAPITAL Platform?

You have the option to deactivate or delete your DIVINE CAPITAL account at any time by following below steps from DIVINE CAPITAL through its desktop web portal, mobile WAP site, or mobile application, subject to the applicable terms and conditions. Once your account is deactivated or deleted, we will no longer share your data. However, we will retain your Personal Data / Transactional Data for as long as necessary for the purposes for which it was collected, after which it will be disposed of by us, except for any record retention required by applicable laws, including the Securities and Exchange Board of India (Investment Advisers) Regulations, 2013.

Under the PMLA guidelines and Securities and Exchange Board of India (Investment Advisers) Regulations, 2013, transaction logs must be retained for up to five years after account deletion. In the event of any pending legal or regulatory proceedings or receipt of a legal or regulatory directive to retain your Personal Data for a longer period, we may be required to comply with the law and retain your data for an extended period.

1. Android Help

  • Login in android device by your username and password.
  • Click on the bottom right icon on the footer, which will open the menu. Reference snapshot given below:
  • Click on the setting icon next to the user photo and name. Then the Settings screen will be displayed.
  • Click on “Delete My Account”
  • Once you click on “Delete My Account” on confirmation pop-up, Your account will be deactivated / deleted.

2. iPhone Help

  • Login in iod device by your username and password.
  • Click on the bottom right icon on the footer, which will open the menu. Reference snapshot given below:
  • Click on the setting icon next to the user photo and name. Then the Settings screen will be displayed.
  • Click on “Delete My Account”
  • Once you click on “Delete My Account” on confirmation pop-up, Your account will be deactivated / deleted.