Terms of Use
This document lays out the terms and conditions that apply to the access and use of the Tailwind platform through the website “www. tailwindfin.com” (herein after referred to as “Website”), Mobile Application “Tailwind”, including any other sub-domain or platform which is owned, developed, managed or operated by Tailwind Financial Services Private Limited, and/or its affiliates (hereinafter referred to as “App”). App and website shall together hereinafter referred as “Platform”. Tailwind Financial Services Private Limited shall hereinafter be referred to as “Tailwind.”
In terms of Information Technology Act, 2000, this document is an electronic record, being generated by a computer system and it does not require any physical or digital signature. Your acceptance to the terms and conditions shall be considered as your consent to use the App, the Website, the services and products (collectively referred to herein as “Services”) provided by Tailwind in accordance with the terms and conditions laid down by Tailwind.
These Terms and Conditions are published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the intermediary’s computer resource by any person.
Interpretation
The words, “him”, “his”, “her”, “You”, “Your”, “Client”, “User” “Investor”, “I”, “Subscriber” and “Customer” refer to the person(s) who use and avail the Services and Products of Tailwind Platform and shall include both singular and plural. The Services provided herein is only for Users who are Indian citizens, Person of Indian Origin and tax resident of India.
These terms shall constitute a binding contract between Tailwind and you when you download the App or use the services on Website and / or the App or use its Services on any other platform managed by Tailwind and shall be referred to herein as the “Agreement”. Downloading and installing the App or using the services of the Platform shall be deemed to constitute sufficient proof that you have read, understood and accepted these terms.
These Terms and Conditions contain important information regarding the Services that Tailwind will provide to you and for your own protection you should read them carefully before accepting them. If you do not agree to these terms you must not proceed to use the App or use the Services provided on the website or app.
This Agreement may be read with our privacy policy document or other such documents as may apply to a particular account / service / situation / circumstance / transaction.
Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force. All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of the terms contained herein.
Without prejudice to any other specific requirement which may be laid out in this Agreement, your use of the Platform and the Services and specifically, your acceptance of these terms as aforesaid shall be deemed to be a representation from you that you are above 18 years of age, or possess legal parental or guardian consent, and are fully able, conscious and competent to enter into this Agreement and make your investment decisions, execute the investment transactions, evaluate the advice, if any, and confirm to abide by and comply with the terms set forth herein.
Description of the Tailwind Platform
Tailwind (including the App and Website are owned by Tailwind Financial Services Private Limited, a company incorporated under the Companies Act, 2013 and having its registered office at 3, Ajay Apartment, Kasturba Cross Road, Malad (West), Mumbai 400064 and is also registered with the Association of Mutual Funds in India as a Mutual Fund distributor vide ARN 165184. Tailwind is in the business of providing mutual fund product distribution to users through its technology platforms and other investment products and services.
Tailwind shall through its Platform provide mutual fund investment execution. Tailwind shall use the information you provide about your investment and risk assessment to make investment recommendations to you in the form of one or more suitable Mutual Fund Schemes provided by Asset Management Companies / Mutual Funds. The recommendation or information that is visible on Tailwind would be prepared on the basis of information available with Tailwind, including data which it receives from the 3rd Parties offering the product and Tailwind would not independently verify the said information and also based on Tailwind’s understanding of assessing risk and suitability in line with your objectives, profile, and requirements as per the details / information provided by you. Tailwind earns its commission from the AMCs on the trades executed on its platform. Upon receipt of the recommendation, you may decide whether to disregard it (in whole or in part) or to act upon it (in whole or in part). All investment decisions shall be made at your sole discretion. You are free to choose execution of Mutual Funds you want to invest in, irrespective of whether you have obtained recommendation from Tailwind or not. You are free to use Tailwind platform or any other platform at your free will to make investment when you have received recommendation from Tailwind. Mere view of certain Mutual Funds information on the Platform does not amount to advisory or recommendation. While providing recommendation, Tailwind has not undertaken any regulatory, legal, tax or accounting analysis relating to the suitability of the products invested by you. You should seek appropriate professional advice including tax advice before dealing with any realised or unrealised gain / loss reflecting in the investments, portfolio or statement.
Tailwind provides the service for Users to make or execute regular plan (i.e., investments routed through a distributor) from the Tailwind Platform. Tailwind will transmit all your funds request and instructions to the Payment Gateway Partner or Asset Management Companies (“AMC”) or its authorized Registrar and Transfer Agent (RTA). Tailwind is only an order collection platform that collects orders on behalf of you and places them for execution to BSE Star MF. You expressly agree that Tailwind would not be liable or responsible and does not represent or warrant 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, failure at third party service providers, etc.
Tailwind shall also maintain a record of your information with respect to the services availed / intended to be availed by you through the Platform. Tailwind can collect the daily NAV, information and other MF scheme related information from AMFI website or Authorized Registrar and Transfer Agents (RTAs) of the AMCs or third party vendors or the AMCs themselves, and process it in order to display the updated information on the Platform at all times. Tailwind makes best efforts to ensure that the information is correct and updated at all times. However, as the information is received from a third party, Tailwind will not be responsible for any incorrect information on the platform. To verify validity of any information about mutual fund schemes or information about your investments in mutual fund schemes, Tailwind suggests that you contact respective AMCs or their respective RTAs.
Tailwind uses Application Programming Interfaces and portals provided by third party service providers to facilitate Mutual fund transactions. Tailwind maintains the status of the transactions, account opening status, KYC, portfolio etc. based on the data provided by the third party service providers and as per the regulations prescribed from time to time.
Use of the Platform / Service
User will be allowed to avail or use the services only when the User completes the KYC, Investment Readiness and Information Verification process and provides the complete personal information in accordance with the Know Your Client (“KYC”) guidelines issued by the Securities and Exchange Board of India (“SEBI”), AMCs, RTAs, or any other regulatory / government agencies or authorities from time to time. Tailwind may use your personal data in order to provide services to you, your personal information may be processed by or transferred or disclosed to and / or by third parties like AMC’s, RTA’s, KRAs, CERSAI, Statutory Bodies or Agency, or 3rd party service providers & partners etc where necessary to enable us to provide services to you. With your consent, your personal information and usage of the website / app / services of Tailwind may be used by us in order to provide you with information, user experience and marketing materials in relation to other products and services. By entering into this Agreement, you confirm your wish for your personal information to be processed for these additional purposes. If you do not agree with these terms, we suggest you do not signup or avail any services offered by Tailwind.
You may avail the Services by using your Tailwind user id and OTP based login. You agree that you shall be solely responsible to ensure protection and confidentiality of the user ID and OTPs at all times and any disclosure thereof shall be entirely at your risk.
You shall not use the App / Website / Service for any commercial purpose.
In your use of the App / Website / Service, you shall always comply with all applicable laws.
You agree not to circumvent, disable or otherwise interfere with security-related features of the App / Website / Service or features that prevent or restrict use or copying of any content or enforce limitations on use of the App or the content therein.
Except for the Services explicitly provided, Tailwind does not provide, control or endorse any third party information, products or services in any manner whatsoever, even if such third party information, products or services are displayed / featured on the App / Website.
You hereby represent and warrant that you shall make use of the App / Website / Service as a prudent, reasonable and law-abiding citizen of India.
Tailwind shall not be responsible for any delay or failure in processing any transaction or any request whatsoever resulting from infrastructure issues, like server uptime, network availability and connectivity.
You shall not take any action that would cause Tailwind to suffer any type of loss.
You shall notify Tailwind of any material change in your situation and / or profile and Tailwind would rely on the most recent information provided by you.
Tailwind does not take the responsibility, liability and undertake the authenticity of the figures calculated on the basis of calculator provided herein for calculations towards prospective investments. The data content provided is obtained from sources considered to be authentic and reliable. However, Tailwind is not responsible for any error or inaccuracy or for any losses suffered on account of information.
Tailwind has the sole authority and right to reject a User’s request to open an account with Tailwind. Tailwind may at its discretion choose to disclose or not disclose the reason for not opening such account. Tailwind may also reject / suspend / freeze User’s request to open or operate his or her account on directions received from regulatory or government bodies & authorities.
The Calculators / Tools / Planners etc. are designed to assist you in determining the appropriate amount. These Calculators / Tools / Planners etc. alone are not sufficient and shouldn’t be used for the development or implementation of an investment strategy. You are requested to make your investment decisions at your own will.
You hereby authorize Tailwind to share with Mutual Fund, AMC, RTAs and the Trustees, your signature available on the records of the KYC Registration Agency (“KRA) or CKYC for authenticating and processing my 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 a valid discharge for Mutual Fund / AMC / its Registrar / the Trustees. You shall not have any recourse against Mutual Fund / AMC / its Registrar / the Trustees for any such action taken in good faith relying on records or information available with the KRA / CKYC
In case your signatures are not available with KRA / CKYC, you agree to co-operate with AMC / RTA to provide incremental details as may be required by AMC / RTA to complete verification.
You agree, NAV allotment shall be as per prescribed guidelines by AMC accordingly to receipt of funds.
You understand that all entities are acting within scope of guidelines / regulations defined or suggested by SEBI / AMFI or any other regulator
The User agrees, acknowledges and provides his / her consent that the information provided by him / her may be shared with regulators / government bodies as and when required or requested by them.
The User understands and consents to record his / her telephonic conversations with the customer support department (managed by itself or through any outsourced vendor) for quality control, record retention purposes, and other similar purposes however we agree to keep such records confidential.
The User understands and consents that all the transactions, financial or non-financial, carried out by the User through the Tailwind Platform or through any other intermediary in relation to Tailwind, shall be tagged to the ARN code of Tailwind ie. ARN-165184.
The User hereby authorizes and consents to all AMCs with whom he / she transact with to share and disclose the details of his / her personal data and information including the details of his / her investments and transactions in the Schemes of the Mutual Fund made through the code “ARN-165184” to Tailwind.
All investments through the Tailwind Platform shall be made at the sole discretion of the User and all investments will be executed by the User only or as per the directions issued by the User.
The User hereby allow Tailwind to utilize his / her KYC information, which the User has submitted on its own will or uploaded on Tailwind’s Platform, such as his / her personal identity details like name, PAN, age, address, mobile number, email address and signature or any such prescribed by Tailwind or by regulation for sending / sharing it to any Asset Management Companies (AMC) or RTA (Registrar and Transfer Agent) or KYC authority (UIDAI, KRA, CERSAI, or others) or Payment Gateway Partner for the purpose of validation and to comply with the legal and regulatory requirements. The User shall be solely liable to inform Tailwind / AMC in case of any change in the KYC information including and any investment information or declaration or change in signature / signatories etc. and in the event of his / her signature not being updated, available or legible in KYC records, Tailwind / 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. The User shall provide such additional documents and perform such additional actions that may be called upon to be submitted by Tailwind. In case the User’s signatures is not available with KRA / CKYC, the User shall co-operate with AMC / Tailwind / RTA to provide incremental details as may be required by AMC / Tailwind / RTA to complete verification.
The User hereby authorizes Tailwind to share with Mutual Fund, AMC, RTAs and the Trustees, his / her signatures available on the records of the KYC Registration Agency (“KRA”) or CKYC for authenticating and processing requests.
Any action taken by Mutual Fund / AMC / its Registrar / the Trustees / Tailwind in good faith relying on the information / evidences / specimen (including specimen signature) available from the records of the KRA / CKYC will be a valid discharge for Mutual Fund / AMC / its Registrar / the Trustees / Tailwind. The User shall not have any recourse against Mutual Fund / AMC / its Registrar / the Trustees / Tailwind for any such action taken in good faith relying on records or information available with the KRA / CKYC.
The User hereby confirms and acknowledges that the information provided by the User hereunder or thereafter after the login to the Tailwind Platform may be used by Tailwind for marketing purposes and cross selling purposes.
The User hereby declares that all amount invested in the schemes through the Tailwind 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 hereby agrees and acknowledges that he / she has not received nor have been induced by any rebate or gifts, directly or indirectly in making this investment. The User confirms that the funds invested in the Scheme, legally belongs to the User. The User understand that if any investment is made through any 3rd party Account then the same is liable to be rejected by Tailwind or Payment Gateway Partner or the AMC. In the event “Know Your Client” process is not completed by the User to the satisfaction of the Tailwind / AMC / Mutual Fund, the User hereby authorizes the AMC / Mutual Fund in its sole discretion to redeem the funds invested in the Scheme at the applicable NAV prevailing on the date of such redemption and undertake to abide by such other action with such funds may be required to do under law.
The User hereby gives his / her consent to share / provide the transactions data feed / portfolio holdings / NAV etc. in respect of my investments under Regular plan of all schemes to Tailwind (AMFI registered Mutual Fund Distributor).
In view of services received by the User under this Agreement, the User hereby authorize and consent to Tailwind, AMC and Mutual Fund to share, disclose or transfer my / our personal data and information including the details of his / her investments and transactions in the Schemes of the Mutual Fund. This information may be disseminated by the AMC / Mutual Fund to the mutual fund distributor and the same shall be solely used by them for the purpose of collating my / our portfolio details under this agreement.
The User hereby agrees to indemnify, defend and hold harmless the Tailwind / AMC / Mutual Fund against any regulatory action, damage or liability that they may suffer, incur or become subject to in connection thereof or arising from sharing, disclosing and transferring of the aforesaid information.
The User hereby acknowledges that Tailwind has entered into an agreement with the AMC / Mutual Fund for accepting transaction feeds He / She further acknowledge and agree that in the event such agreement between the Tailwind and the AMC / Mutual Fund was to be terminated due to any reason, the User shall submit transactions in the schemes of the Mutual Fund directly to the AMC / Mutual Fund through other modes of transactions permitted by the AMC / Mutual Fund.
Links to other sites
The App / Website / Services may contain links, information or pointers to other websites or services for payments, information verifications, information processing, transaction processing or other required / appropriate services but you should not infer or assume that Tailwind operates, controls, manages or is otherwise connected with these other websites. When you click on a link within the App / Website, Tailwind may or may not warn you that you have left the App / Website and are subject to the terms and conditions, disclaimers (including privacy policies) of another website or its partners & service providers. Please be careful to read the terms of use and privacy policy of any other website before you provide any confidential information or engage in any transactions. You should not rely on the terms of Tailwind to govern your use of another website. Tailwind is not responsible for the content or practices of any other website even if it links to the site and even if the website is operated by a company affiliated or otherwise connected with Tailwind. You acknowledge and agree that Tailwind is not responsible or liable to you for any content or other materials hosted and served from any website other than the Platform.
Consideration and payment terms
Tailwind shall have the right to charge its users a fee for use of its platform and services as permitted by SEBI / AMFI. In respect of Products other than Mutual Funds including but not limited to Loans, Insurance, Fixed Deposits, users understands and agrees that Tailwind has the right to receive Commission or Brokerage or Fees from various associations.
All payments shall be made by Credit Card, Debit Card, UPI, Mobile Wallet, Net Banking, OTM, e-mandate / Bank Mandate or such other method as Tailwind may specify from time to time.
Requests made for purchase of any mutual fund scheme shall be processed by the respective mutual funds only after funds sufficient to cover the purchase price and other costs and charges have been received by the respective mutual funds. Payments towards the purchase price and other costs and charges shall be made by you through the payment gateway or other electronic means. You shall ensure that payments for purchase of mutual funds shall be made through your own Bank account and in case of a joint Bank Account you should be one of the holder of such Bank Account and should also be authorized by the other Bank Account holder for making such purchase. All payments should be through legitimate source and should be in compliance with the policies and guidelines laid down by RBI, NPCI, SEBI, or any other regulatory body. You are aware that if any investment is made through any third party Account then the same is liable to be rejected by Tailwind or the AMC.
You have not received nor have been induced by any rebate or gifts.
When you make investment at Tailwind Platform, the investment amount goes directly to the Mutual fund on the basis of your selection. At no time, Tailwind receives the investment amount. Tailwind does not have any role to play in the investments that a Mutual fund makes in the market. Upon making such investment, you enter into bilateral contract with the Mutual fund House or AMC. You understand that mutual fund investments are subject to market risk. You shall read all Offer Documents including the Scheme Information Document, Key Information Memorandum and Addenda for all the mutual fund schemes that you invest. By Investing in a Mutual Fund Scheme, it is deemed that you have read the offer document and are comfortable with the terms laid down in such offer document.
Upon investment, units are allocated by Mutual funds as per applicable NAV, which is not under the control of Tailwind. Tailwind does not warrant that the calculation of NAV and units allotted by Mutual funds are correct. In case you notice any discrepancy, Tailwind customer support team shall help you resolve the query through AMC.
You confirm that for investments in any units of the scheme you have read and understood the content of the Scheme Information Documents / Statement of Additional Information of the scheme. You have also read and understood the terms, conditions, details, rules and regulations governing the scheme.
Confidentiality
You shall keep confidential information received by Tailwind pursuant to this Agreement, even after termination of this Agreement. You agree to protect the proprietary information of Tailwind to which you gain access to with the same standard of care and procedures used to protect your own proprietary information of similar importance but at all times using reasonable degree of care.
You agree not to use or disclose the information provided under the service to any third party including any discussion Forums or for any unauthorized illegal purpose or for commercial usage. You also agree to use the information provided under the plan strictly for personal purpose. You should not recompile, disassemble, copy, modify, distribute, transmit, display, perform, reproduce, publish or create derivative works from, transfer, or sell any information, services etc accessed here. You agree that any unauthorized use of Tailwind information or systems shall be unlawful and may subject to civil or criminal penalties.
Termination; Agreement violations
You agree that Tailwind, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the Platform, at any time. Tailwind may also in its sole discretion block, restrict, disable, suspend or terminate your access to the Platform, or any part thereof, with or without notice. You agree that any termination of your access to the Website and / or the App or any account you may have or portion thereof may be effected without prior notice, and you agree that Tailwind will not be liable to You or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Tailwind may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Platform / Service. The User may terminate his / her account with Tailwind by raising a termination request through the Customer Support section of the App / Website. Such termination request can only be initiated when (i) the portfolio value of the User is Zero, and (ii) there are no monies due to Tailwind from the User.
Limitation of liability and damages
In no event, Tailwind or its contractors, agents, licensors, directors, employees, associates, partners or suppliers will 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) howsoever arising.
In no event, Tailwind, directors, employees, agents will be liable to You or any third party for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) use of or access to the App and / or the Website or any reference Site / App / Platform / Service; or (iii) Your use or inability to use the Services provided by Tailwind (including any and all materials) or any reference Sites / App / Platform / Service; or (iv) any other interactions with Tailwind, or (v) any action caused by AMC or RTA or any other third party, however caused 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 agree that Tailwind has offered its Services, set its prices if any, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and Tailwind, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and Tailwind. Tailwind would not be able to provide the Services to you on an economically reasonable basis without these limitations. This paragraph shall survive the termination of this Agreement.
Indemnification
You agree to indemnify, save, and hold Tailwind / the AMC / Mutual Fund, their affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the Services / App / Website; (ii) any violation by You of this Agreement or applicable laws; or (iii) any breach of the representations, warranties, and covenants made by You herein; or (iv) any act, neglect, misconduct or fraud on your part; or (v) sharing and or disclosing the information disclosed hereunder. Tailwind reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify Tailwind, including rights to settle, and you agree to cooperate with Tailwind’s defence and settlement of these claims. Tailwind will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
Disclaimer; No Warranties
To the fullest extent permissible pursuant to applicable law, Tailwind and its third-party partners disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You from Tailwind or through the App / Website / Service will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, You expressly acknowledge that as used in this section, the term “Tailwind“ includes Tailwind’s officers, directors, employees, affiliates and subsidiaries. You expressly agree that use of the Services on the Platform is at your sole risk.
All information provided through the Platform is provided on an “AS IS” best effort basis. You expressly agree that use of the App / Website / Service is at your sole risk. The App / Website / Service and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the App / Website / Service are provided on an “as is“ and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. Tailwind and any third party suppliers, affiliates, subsidiaries, licensors, employees, and partners do not warrant that the data, software, functions, or any other information offered on or through the app will be uninterrupted or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected.
Tailwind and any third party suppliers, licensors, affiliates, subsidiaries and partners do not warrant or make any representations regarding the use or the results of the use of the App / Website / Service in terms of correctness, accuracy, reliability, or otherwise
You understand and agree that if you use, access, download, or otherwise obtain information, materials, or data through the App / Website / Service, the same shall be at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and / or other device) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement. This paragraph shall survive termination of this Agreement. In no event will Tailwind be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the App / Website / Service.
You will not solely rely on the views, representations (whether written or oral or otherwise), recommendations, opinions, reports, analysis, information or other statement made by Tailwind or any of its agents, directors, officers or employees. In the event that you seek to make an investment pursuant to the information or recommendation provided by Tailwind, you shall do so at your own risk, and 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 the final decisions will be yours and Tailwind will not have any liability for consequences of such decisions.
Ownership; Proprietary Rights
The App / Website / Service are owned and operated by Tailwind. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Services and the Platform provided by Tailwind (hereafter Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and Tailwind, all Materials, trademarks, service marks, and trade names contained on the App / Website / Service are the property of Tailwind. You agree not to remove, obscure, or alter Tailwind or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the App / Website / Service.Except as expressly authorized by Tailwind, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Tailwind reserves all rights not expressly granted in this Agreement. If You have comments regarding the App / Website / Service or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to Tailwind, and shall assign to Tailwind, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
Modification of this Agreement
Tailwind reserves the right to change, modify, add, or remove portions of this Agreement, privacy policy and disclaimers displayed on our Platform from time to time (“Terms”) (each, a change and collectively, changes). The revised Terms shall be made available on the Platform. You are requested to regularly visit the Platform to view the most current version of the Terms. It shall be Your responsibility to check the Terms periodically for changes. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to Your use of the Platform, availing the Services or for payment transactions initiated through the platform after the posting date. If You do not agree with any such change, Your sole and exclusive remedy is to terminate Your use of the App / Website / Service. For certain changes, Tailwind may be required under applicable law to give You advance notice, and Tailwind will comply with such requirements. Your continued use of the App / Website / Service following the posting of changes will mean that you accept and agree to the changes.
Notice
Tailwind may provide You with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the Platform or by any other reasonable means. Except as otherwise set forth herein, notice to Tailwind must be sent by courier or registered mail to [admin@tailwindfin.com].
Tailwind shall send out all notices, information and other correspondence to you by email / sms at the email address / telephone number provided by the User. In the event any notice, information or other correspondence is sent to you via letter, such letter will be sent to the postal address that you have given as your Communication address. In case of any change in your email id and / or mobile number / Correspondence address, you shall inform Tailwind in advance in the prescribed format to carry out the necessary changes in its records.
Tailwind does not guarantee that electronic communications will be successfully delivered, or that they will be secure and virus free. Tailwind will not be liable for any loss, damage, expense, harm or inconvenience caused as a result of an email being lost, delayed, intercepted, corrupted or otherwise altered or for failing to be delivered for any reason beyond our reasonable control. All correspondence will be in English.
You agree to be contacted by Tailwind and its representatives over phone or on registered email id with reference to the Services. You agrees & confirm that if your mobile number is registered in the Do Not Disturb (DND) list of TRAI, you may not receive SMS from Tailwind. You agree to take steps to deregister from the DND list and shall not hold Tailwind liable for non-receipt of SMS in the interim period.
Waiver
The failure of Tailwind to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Tailwind.
Dispute Resolution
If any dispute, controversy or claim arises under this Agreement or in relation to App / Website / Service, including any question regarding the existence, validity or termination of this Agreement or any specific terms contained herein (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Tailwind may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed by Tailwind on behalf of both the Parties in accordance with the Act. The seat of the arbitration shall be Mumbai and the language of this arbitration shall be English. Either You or Tailwind may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or the property belonging to You or Tailwind (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor Tailwind may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and Tailwind. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.
Governing law and forum for disputes
Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against Tailwind must be resolved by a court having jurisdiction in Mumbai, India. You agree to submit to the personal jurisdiction of the courts located within Mumbai, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.
Severability
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
Survival
Upon termination of this Agreement, any provision, which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
Headings
The heading references herein are for convenience purposes only and they do not constitute a part of these T&Cs and will not be deemed to limit or affect any of the provisions hereof.
Entire agreement
These terms and conditions are the entire agreement between you and Tailwind relating to the subject matter hereof and this Agreement will not be modified except by a change to this Agreement made by Tailwind in accordance with the terms of this Agreement.
Force Majeure
hereunder is prevented or delayed by reasons of natural calamities, war, arson, civil disturbance, , unavailability of any communication system including Internet, breach or virus in the processes or payment mechanism, sabotage, acts of government, computer hacking, unauthorized access to computer data and storage devices, computer crashes, breach of security and encryption codes and such other reasons beyond the reasonable control of a person (each a “Force Majeure Event”), then to the extent either party shall be prevented or delayed from performing all or any part of their respective obligations under this Agreement despite due diligence and reasonable efforts to do so, then such party shall be excused from performance hereunder for so long as reasons of Force Majeure Event continue. A Force Majeure Event shall not affect the payment obligations of the parties unless there is legal bar / embargo to the making of the payments.
Assignment
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.
